Delaware · House Bill 165 · 152nd General Assembly
Require Prosecution Provide Favorable Evidence/Accused
HB 165Sponsored by
Sean M. LynnPassed one chamber, then died
IntroducedMay 16, 2023
In committeeMay 16, 2023
Passed the HouseJun 20, 2024
Died
To the governor
Became law
What it does
The legislature's own summary of the bill, or its official long title.
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…
Read the full title (182 words)
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.
Every action
5 steps, oldest first, as the legislature records them.
CommitteeIntroduced and Assigned to Judiciary Committee in House · House Judiciary
CommitteeReported Out of Committee (Judiciary) in House with 4 Favorable, 2 On Its Merits, 1 Unfavorable · House Judiciary
HouseAmendment HA 2 to HB 165 - Passed In House by Voice Vote
HousePassed By House. Votes: 32 YES 1 NO 8 ABSENT32–1 vote
CommitteeAssigned to Judiciary Committee in Senate · Senate Judiciary
Roll calls
1 recorded vote: 1 on the floor, 0 in committee. Each shows how every member voted.
Passed By House. Votes: 32 YES 1 NO 8 ABSENT · Full House