AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISCOVERY IN CRIMINAL CASES.

This bill codifies the prosecution’s 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 witness’s 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.