8-802.3.Informant's privilege.

Section 8-802.3 protects the identity of an informant who submits information about a criminal act to a law enforcement agency, or to a community organization acting as an intermediary in reporting to law enforcement, and who requests anonymity. That identity is privileged and confidential, and it is not subject to discovery or admissible in evidence in a proceeding, unless the statute's exceptions apply.

The privilege can be overcome. After an in-camera hearing, a court can find no privilege applies if the party seeking discovery or offering the evidence shows that the informant's identity is sought or offered in a proceeding involving a felony or misdemeanor, that the evidence is not otherwise available, and that either nondisclosure would infringe a constitutional right of the accused or the need for the evidence substantially outweighs the interest in protecting confidentiality.

A separate procedure addresses conflicts of interest. If defense counsel seeks the informant's identity based on a good-faith factual basis that a prior representation of the informant creates a serious potential for an actual conflict, counsel must file a motion. The court can deny it for lack of factual basis, or, if the basis is sufficient, hold a sealed in-camera hearing with the informant outside the presence of all counsel to determine whether an actual conflict exists, and then either deny the motion or notify counsel of the conflict, subject to any nondisclosure conditions the court deems appropriate. The court may impose sanctions necessary to enforce its orders under this section.