SB 975 Modifies provisions relating to expert witnesses
Sponsor: Emery
LR Number: 6220S.01I Fiscal Note available
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 3/26/2014 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee Journal Page: S623
Title: Calendar Position:
Effective Date: August 28, 2014

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Current Bill Summary


SB 975 - This act provides that an expert witness may testify in a court proceeding if the expert has specialized knowledge that will help the trier of fact understand the evidence, the testimony is based on sufficient facts and the product of reliable principles, and if the expert has reliably applied such principles to the facts of the case.

An expert may base an opinion on facts in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts in forming an opinion, the facts need not be admissible for the opinion to be admitted. If the facts would otherwise be inadmissable, the proponent may disclose them to the jury only if their probative value outweighs their prejudicial effect.

An expert witness shall not testify on the defendant's mental state which constitutes an element of the crime. An expert witness may state an opinion without first testifying to the underlying facts, but may be required to do so on cross-examination.

JESSICA BAKER