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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1566
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
6434S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 491.065, RSMo, and to enact in lieu thereof one new section relating to
informants in criminal cases.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 491.065, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 491.065, 2
to read as follows:3
491.065. 1. As used in this section, unless the 1
context otherwise requires, the following terms mean: 2
(1) "Benefit", any plea bargain, bail consideration, 3
reduction or modification of sentence, or any other 4
leniency, immunity, financial payment, reward, or 5
amelioration of current or future conditions of 6
incarceration that has been requested or that has been or 7
may, at a future date, be offered or provided in connection 8
with or in exchange for the testimony of an informant who 9
was endorsed or proposed as a witness by the state; 10
(2) "Informant", a witness who provides testimony that 11
offers allegedly self-incriminating statements or activities 12
of another person who is under investigation or being 13
charged with an offense, and the witness: 14
(a) Is or was incarcerated with the suspect or 15
defendant; 16
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(b) Is being detained by or in the custody of law 17
enforcement; or 18
(c) Provides testimony in exchange for any benefit. 19
The term informant shall not refer to or include a 20
[codefendant or] victim involved in the case. 21
2. Beginning January 1, 2026, and thereafter, each 22
prosecuting or circuit attorney shall send the information 23
described under subdivision (4) of subsection 2 of section 24
56.750 to the Missouri office of prosecution services to be 25
included in the summary report as defined in subsection 2 of 26
section 56.750. 27
3. If a prosecuting or circuit attorney endorses a 28
witness to testify as an informant, in a felony or 29
misdemeanor case, the following material and information 30
shall be disclosed to all attorneys of record within 31
fourteen days of the endorsement by the prosecuting or 32
circuit attorney: 33
(1) The identity of the informant; 34
(2) The substance of the testimony; 35
[(1)] (3) The complete criminal history of the 36
informant, including any charges that are pending or were 37
reduced, amended, or dismissed as part of a plea bargain; 38
[(2)] (4) The informant cooperation agreement and a 39
copy of any deal, promise, inducement, or benefit that has 40
been requested or that has been or may, at a future date, be 41
offered or provided to the informant in connection with 42
testimony against the defendant's interest; 43
[(3)] (5) The substance, time, and place of any 44
statement allegedly given by the defendant to the informant, 45
and the substance, time, and place of any statement given by 46
the informant to a law enforcement agency or to the 47
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prosecuting or circuit attorney implicating the defendant in 48
the offense charged; 49
[(4)] (6) Whether the informant recanted that 50
testimony or statement and, if so, the time and place of the 51
recantation, the nature of the recantation, and the names of 52
the persons who were present at the recantation; and 53
[(5)] (7) Information concerning other criminal cases 54
in any county in which the informant was endorsed by the 55
state to testify against a defendant, including the 56
following: 57
(a) The case name and number; 58
(b) The substance of the testimony; 59
(c) Any cooperation agreement, deal, promise, 60
inducement, or benefit that was requested, offered, or 61
provided to the informant in connection with the informant's 62
testimony; and 63
(d) Any other information that is requested to be 64
disclosed under the Constitution of the United States, the 65
Constitution of Missouri, and the Missouri supreme court 66
rules of criminal procedure[.]; 67
(8) All written communications with informants. 68
4. All communications by law enforcement or 69
prosecution personnel with informants by phone or in person 70
shall be recorded by video or audio and made available to 71
the defense. 72
5. Upon the motion of a defendant, the court shall 73
conduct a pretrial hearing to determine whether the 74
informant's testimony exhibits reliability and is admissible 75
based on the following factors: 76
(1) The extent to which the statement is confirmed; 77
(2) The specificity of the alleged statement; 78
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(3) The extent to which the statement contains details 79
or leads to the discovery of evidence known only to the 80
perpetrator; 81
(4) The extent to which the statement contains details 82
or leads which could reasonably be accessed by the in- 83
custody informant, other than through inculpatory statements 84
by the accused; 85
(5) The informant's general character, which may be 86
evidenced by his or her criminal record or other 87
disreputable or dishonest conduct known to the authorities; 88
(6) Any request the informant has made for benefits or 89
special treatment, whether or not agreed to, and any 90
promises which may have been made or discussed with the 91
informant by a person in authority in connection with the 92
provision of the statement or an agreement to testify; 93
(7) Whether the informant has, in the past, given 94
reliable information to the authorities; 95
(8) Whether the informant has previously claimed to 96
have received statements while in custody; 97
(9) Whether the informant has previously testified in 98
any court proceeding, whether as a witness for the 99
prosecution or the defense or on his or her behalf, and any 100
findings in relation to the accuracy and reliability of that 101
evidence, if known; 102
(10) Whether the informant made some written or other 103
record of the words allegedly spoken by the accused and, if 104
so, whether the record was made contemporaneous to the 105
alleged statement of the accused; 106
(11) The circumstances under which the informant's 107
report of the alleged statement was taken; 108
(12) The manner in which the report of the statement 109
was taken by the police; 110
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(13) Any other known evidence that may attest to or 111
diminish the credibility of the informant, including the 112
presence or absence of any relationship between the accused 113
and the informant; 114
(14) Any relevant information contained in any 115
available registry of informants. 116
6. If a prosecuting attorney fails to show by 117
preponderance of the evidence that an informant's testimony 118
is reliable, the court shall exclude the testimony at trial. 119
7. When an informant's testimony is used at trial, the 120
court shall instruct the jurors to assess the informant's 121
testimony with greater scrutiny and shall detail reliability 122
facts that the juror should consider, including benefits 123
offered or expected in exchange for the testimony, the 124
criminal history, other cases in which the informant 125
testified in exchange for benefits, and whether the 126
informant has recanted his or her statements at any time. 127
8. If it is determined that the prosecuting attorney 128
has failed to provide the required information to the 129
defendant, in a case which the prosecuting attorney has used 130
an informant as a witness: 131
(1) Such failure shall be considered a violation of 132
due process rights pursuant to Brady v. Maryland, 373 U.S. 133
83 (1963), entitling the defendant to a new trial or 134
vacation of this conviction; and 135
(2) Such violation shall also entitle the defendant to 136
the right to seek compensation in a civil action from non- 137
immune persons relating to the wrongful conviction. In 138
claims filed by the defendant for a new trial or for 139
compensation, the harmless error rule shall not apply. 140
9. In the event it is determined that an informant 141
testified falsely at a trial, the prosecuting attorney 142
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having jurisdiction in the city or county where the trial 143
occurred may charge and prosecute the informant with perjury 144
pursuant to section 575.040. 145
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