This bill aims to eliminate the immunity currently enjoyed by State, county, and municipal prosecutors who fail to disclose exculpatory evidence in criminal cases, thereby holding them accountable for violations of the Brady-Giglio guidelines. These guidelines, established by the United States Supreme Court, mandate the disclosure of exculpatory and impeachment evidence to defense counsel. The bill defines these guidelines and requires courts to notify the Office of Attorney Ethics (OAE) within 24 hours if a prosecutor is found to have violated these obligations.
In addition to removing immunity, the bill amends existing laws to clarify that both the State and public entities can be held liable for damages resulting from a prosecutor's failure to disclose such evidence. It also stipulates that actions brought under this section may be filed in Superior Court, with provisions for jury trials and the awarding of reasonable attorney's fees and costs to the prevailing party. Overall, the legislation seeks to enhance accountability and ensure compliance with established legal standards regarding the disclosure of evidence in criminal proceedings.