CHAPTER 525

AN ACT TO AMEND TITLE 11, DELAWARE CODE BY ALLOWING THE USE OF PRIOR STATEMENTS AS AFFIRMITIVE EVIDENCE IN CRIMINAL PROSECUTIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 11, Delaware Code, by adding a new Section 3509 to read as follows:

§ 3509. Use of prior statements as affirmative evidence

(a) In a criminal prosecution, the voluntary out-of-court prior statement of a witness who is present and subject to cross-examination may be used as affirmative evidence with substantive independent testimonial value.

(b) The rule in subsection (a) shall apply regardless of whether the witness' in-court testimony is consistent with the prior statement or not. The rule shall likewise apply with or without a showing of surprise by the introducing party.

(c) This section shall not be construed to affect the rules concerning the admission of statements of defendants or of those who are co-defendants in the same trial. This section shall also not apply to the statements of those whom to cross examine would be to subject to possible self-incrimination.

(d) This section shall apply to all trials of criminal defendants which begin on or after the date after its enactment.

Approved June 8, 1970.