SPONSOR:

Sen. Sokola & Rep. Miro

DELAWARE STATE SENATE

141st GENERAL ASSEMBLY

SENATE BILL NO. 142

AN ACT TO AMEND CHAPTER 25, TITLE 29 OF THE DELAWARE CODE RELATING TO SUBPOENAS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 25, Title 29 of the Delaware Code by adding a new section thereto to be designated as Section 2508A, which shall read as follows:

"§2508A. Directing production of Witnesses or Evidence Pursuant to Process from Without the State in Criminal Investigations and Proceedings.

(a) For the purpose of enforcing any subpoena, warrant or other process issued by a court from without this State in a criminal proceeding or investigation occurring in said foreign state, the United States or any territory or district thereof, the Attorney General or any assistant may issue process to compel any person to produce books, papers, documents or other objects designated therein at the office of the Attorney General or at such other place as designated.

(b) A certified copy of the subpoena, warrant or other process issued by the court from without this State shall be attached to, and thereby incorporated in, any process issued by the Attorney General or any assistant pursuant to this section.

(c) Any process issued pursuant to this section by the Attorney General or any assistant shall include a certification by the Attorney General or any assistant that the process is issued pursuant to a subpoena, warrant or other process issued by a court from without the State.

(d) On an annual basis, the Attorney General shall transmit to the Prothonotaries of the counties of this State a certified list of and complete copies of all process which has been issued in the immediately preceding calendar year by the Attorney General or any assistant pursuant to this section. The date for filing such list shall be set by the Superior Court and may be enlarged by the Superior Court for good cause shown by the Attorney General."

Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to severable.

SYNOPSIS

This Act will streamline the process by which Delaware law enforcement agencies assist out-of-state police agencies in gathering documentary evidence in criminal investigations. In numerous cases each year, an out-of-state law enforcement agency must attempt to secure documentary evidence from a witness or institution within Delaware. Under existing law, the out-of-state agency must obtain a warrant or subpoena from a court in its own state, and then have a Delaware police agency duplicate the process in a court in Delaware.

This Act will conserve scarce law enforcement resources by permitting the Attorney General to issue a subpoena in any criminal case where the out-of-state agency has obtained a court order from its own state court. The Act insures the witness or institution subpoenaed is served with the out-of-state process and requires that the Attorney General regularly report activities under this statute to the Superior Court.

Author: Senator Sokola