Judiciary

Regulations approved for use of jailhouse informants

A bill that requires increased transparency in the use of jailhouse informants was passed by the Legislature April 18.

Sen. Adam Morfeld
Sen. Adam Morfeld

Under LB352, introduced by Lincoln Sen. Adam Morfeld, if a prosecutor intends to use the testimony of a jailhouse informant, he or she is required to provide certain information to the defense, including:
• the informant’s known criminal history;
• any benefit requested, offered or provided to the informant in exchange for testimony;
• the specific statements the defendant allegedly made to the informant that will be used against the defendant;
• other cases in which the informant testified or intended to testify; and
• any case in which the informant recanted testimony against a defendant.

A prosecutor who offers any benefit or plea deal to a jailhouse informant first is required to notify any victim of a crime committed by the informant.

The bill passed on a 48-1 vote.

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