DE HB165 | 2023-2024 | 152nd General Assembly

Status

Spectrum: Partisan Bill (Democrat 9-0)
Status: Engrossed on June 20 2024 - 50% progression, died in committee
Action: 2024-06-20 - Assigned to Judiciary Committee in Senate
Pending: Senate Judiciary Committee
Text: Latest bill text (Draft #1) [HTML]

Summary

This bill codifies the prosecutions obligation under Brady v. Maryland, a United State Supreme Court case, which requires the prosecution to provide evidence favorable to an accused. The purpose of this bill is to ensure the fairness and finality of criminal trials and guilty plea by requiring that the accused in every criminal case promptly receives all information and evidence favorable that is material to guilt or to punishment. The bill sets for what the prosecution must mandatorily disclose to the defense, which includes information relating to the credibility of a police officer and impeachment evidence of government witnesses such as favorable treatment of the witnesss criminal charges. The bill sets forth the process and timing of such disclosure and requires the prosecutor on the case to file a certificate of compliance with the Court. The bill provides a process by which the State can seek a protective order relating to the disclosure of information it must disclosure if the State can show that disclosure would create a substantial risk of physical harm, intimidation, bribery, economic reprisals or unnecessary annoyance or embarrassment.

Tracking Information

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Title

An Act To Amend Title 11 Of The Delaware Code Relating To Discovery In Criminal Cases.

Sponsors


Roll Calls

2024-06-20 - House - House Third Reading (Y: 32 N: 1 NV: 0 Abs: 8) [PASS]

History

DateChamberAction
2024-06-20 Assigned to Judiciary Committee in Senate
2024-06-20 Passed By House. Votes: 32 YES 1 NO 8 ABSENT
2024-06-20 Amendment HA 2 to HB 165 - Passed In House by Voice Vote
2023-06-14 Reported Out of Committee (Judiciary) in House with 4 Favorable, 2 On Its Merits, 1 Unfavorable
2023-05-16 Introduced and Assigned to Judiciary Committee in House

Delaware State Sources


Bill Comments

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