Criminal cases; ex parte requests for expert assistance.

Ex parte requests for investigative services or expertassistance in noncapital cases. Allows a defendant or his attorney, whensuch defendant is charged with a noncapital offense and is financially unableto pay for investigative services or expert assistance, to move a court toconduct an ex parte hearing on a request for such services or assistance. For amotion for investigative services, the bill requires a defendant or hisattorney to state under oath or in a sworn declaration that a need forconfidentiality exists regarding the request for investigative services and,after a hearing upon the motion, the court shall authorize the defendant or hisattorney to obtain investigative services upon a showing that the requestedservices would materially assist the defendant and are necessary in order toguarantee an adequate defense and that the lack of such confidential serviceswould result in a fundamentally unfair trial. For a motion for expertassistance, the bill requires a defendant or his attorney to show, in anadversarial proceeding before the trial judge, a particularized need forconfidentiality of the request for expert assistance. Upon a finding, by clearand convincing evidence, that a particularized need for confidentiality of theexpert services exists, the court shall hold an ex parte hearing and may orderthe appointment of a qualified expert upon a showing that the provision of therequested expert services would materially assist the defendant in preparinghis defense and the lack of such confidential assistance would result in afundamentally unfair trial.