The Senate approved a bill Monday that would require prosecutors to disclose all evidence -- not just exculpatory evidence -- to a criminal defendant.
Under Senate Bill 579 by Sen. Alan Clark, R-Lonsdale, prosecutors would disclose all evidence collected before, during and after an investigation into the alleged criminal acts, no matter if it points to their innocence or guilt.
[RELATED: Complete Democrat-Gazette coverage of the Arkansas Legislature]
But the bill allows for prosecutors to petition the court for a protective order against disclosure if the identity of a potential witness is not already known to the defendant, if release of the evidence would present a safety threat to the potential witness or of any other person or if the evidence is favorable to the defendant solely because it would provide a basis to impeach the credibility of a potential witness.
Sen. Stephanie Flowers, D-Pine Bluff, asked Clark why the bill was necessary when current judicial rules and procedure already provide for disclosure to criminal defendants.
"Because I want it to be law," Clark replied.
"But you admittedly don't know what the process is now, is that right?" Flowers said.
Clark said that he did know "something about the process, but I didn't know that it was not currently law."
-- Jeannie Roberts