Vote Smart's Synopsis:

Vote to pass a bill that requires prosecution to provide evidence favorable to an accused in the proceedings in Delaware.

Highlights:

• Requires the state to give the defense all the necessary information that is favorable to the defendant and material to punishment (Sec. 1).

• Requires the state to advise governmental agencies that may have involvement in a court case to identify the information given to the prosecutor (Sec. 1).

• Authorizes the court to issue subpoenas as an extra measure to ensure the defense has been given all necessary information (Sec. 1).

• Requires all information to be disclosed no later than 45 days before the trial is set to begin unless it falls into a category of not needing to be disclosed (Sec. 1).

• Requires the state to file a Certificate of Compliance with the court once all the needed information for a case has been made available and accessible (Sec. 1).

• Authorizes the court to do the following if they find that the state is being non-compliant (Sec. 1):

• Use their power of contempt;

• Allow the state to permit the discovery;

• Declare a mistrial;

• Grant a recess from court;

• Dismiss charges and prevent the state from introducing evidence; and

• Order cost reimbursements that the defendant has been incurred.