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AR SB579

Bill

Status

Failed

4/24/2019

Primary Sponsor

Alan Clark

Click for details

Origin

Senate

92nd General Assembly (2019 Regular)

AI Summary

  • State must disclose all evidence collected before, during, and after investigation to criminal defendants, including exculpatory, inculpatory, or neutral evidence, subject to Arkansas Constitution Amendment 80

  • Evidence disclosure required without delay after defendant arraignment and before entry of guilty or nolo contendere plea

  • Evidence discovered after initial disclosure must be disclosed at earliest possible instance regardless of whether defendant has entered a plea

  • Court may issue protective order delaying disclosure if evidence is favorable solely for witness impeachment purposes and state establishes reasonable basis that disclosure would threaten witness or other person safety

  • Court may enforce compliance through contempt power, evidence exclusion, postponement of proceedings, or case dismissal if state fails to comply

Legislative Description

To Require The Disclosure Of All Evidence In The Possession Of The State To A Criminal Defendant, Whether The Evidence Is Inculpatory, Exculpatory, Or Neither Inculpatory Nor Exculpatory.

Last Action

Recommended for study in the Interim Committee on JUDICIARY COMMITTEE - SENATE

4/24/2019

Committee Referrals

Judiciary4/1/2019
Judiciary3/18/2019

Full Bill Text

No bill text available