[§806-84]  Exhibits.  (a)  When an
offense is prosecuted by information, the legal prosecuting officer shall
attach an exhibit demonstrating the existence of probable cause to believe that
the offense charged in the information has been committed and that the
defendant committed the offense.



(b)  The exhibit shall include an affidavit or
a declaration made under penalty of law.  In addition, the exhibit may include,
but is not limited to, documents, photographs, audio recordings, video
recordings, other recordings, and other materials or copies thereof.



(c)  The legal prosecuting officer shall
include within the exhibit evidence that is clearly exculpatory, but no
information shall be dismissed for failure to include such evidence if the
court finds that the inclusion of the clearly exculpatory evidence would not
have changed the finding of probable cause.



(d)  Each signed statement of any person whose
name appears as a witness in any affidavit or declaration that is part of the
exhibit regarding the charged offense shall be made part of the filing if:



(1)  It is in the possession of the legal prosecuting
officer, the police, other county or state law enforcement agents; or



(2)  It is in the possession of a federal law
enforcement officer and:



(A)  The legal prosecuting officer is aware of
and able to timely obtain the statement; and



(B)  The statement is one that the legal
prosecuting officer would be required to produce in discovery.



(e)  Statements made part of the filing
pursuant to subsection (d) may be redacted to remove the social security
number, address, or phone number of any person.



(f)  An information shall not be dismissed for
failure to attach or file any such statement described in subsection (d).  Any
such statement shall be promptly provided to the defendant, or filed with the
court if the location of the defendant is unknown or the defendant is without
counsel, upon discovery by the legal prosecuting officer.



(g)  The information shall be filed in the
circuit court, and may be filed under seal with leave of court on good cause
shown.  All exhibits in support of the information shall be filed under seal in
the circuit court. [L 2004, c 62, pt of §1]