CHAPTER 412

FORMERLY SENATE BILL

NO. 621

AN ACT TO AMEND CHAPTER 99, TITLE 10, DELAWARE CODE, RELATING TO APPEALS BY THE STATE IN CRIMINAL CASES.

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

Section 1. Section 9902, Title 10, Delaware Code, as heretofor enacted shall be denominated subsection (a) and new subsections (b) and (c) are added as follows:

(b) When any order is entered before trial in any Court suppressing or excluding substantial and material evidence, the Court, upon certification by the Attorney General that the evidence is essential to the prosecution of the case, shall dismiss the complaint, indictment or information or any count thereof to the proof of which the evidence suppressed or excluded is essential. Upon ordering the complaint, indictment or information or any count thereof dismissed pursuant to the Attorney General's certification, the reasons of the dismissal shall be set forth in the order entered upon the record.

(c) The State shall have an absolute right of appeal to an appellate court from an order entered pursuant to subsection (b) of this section and if the appellate court upon review of the order suppressing evidence shall reverse the dismissal, the defendant may be subjected to trial.

Section 2. Amend § 9903, Chapter 99, Title 10 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new § 9903, which shall read as follows:

§ 9903. Appeal in the discretion of the appellate court

The State may apply to the appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute

discretion. The appellate court shall have the power to adopt rules governing the allowance of the appeal; but, in no event of such appeals shall the decision or result of the appeal affect the rights of the defendant and he shall not be obligated to defend the appeal, but the. Court may require the Public Defender of this State to defend the appeal and to argue the cause.

Approved May 27, 1972.