(a) On motion of the defendant at any time after the filing of the information or charges and within the term prescribed to submit it, the court shall order the prosecution to allow the defendant to inspect, copy or photocopy the following material or information in the possession, custody or control of the prosecution:
(1) Any sworn statement by the defendant in the possession of the prosecutor.
(2) Any sworn statement of the witnesses for the prosecution who have declared at the hearing to determine probable cause to arrest or summon, at the preliminary hearing, at the trial, or that were waived by the prosecution, and the record of prior criminal convictions.
(3) Any result or report of physical or mental examinations and of scientific tests or experiments relevant to the adequate preparation of the defense of the defendant, or to be used during the trial by the prosecution.
(4) Any book, paper, document, photograph, tangible object, structure or location relevant to the adequate preparation of the defense of the defendant that the prosecution intends to use at the trial or that was obtained from, or belonged to, the defendant.
(5) The record of prior criminal convictions of the defendant.
(6) Any report prepared by police agents related to the cases filed against the defendant that is relevant to the adequate preparation of the defense of the defendant. The discovery of this evidence shall be subject to the following conditions:
(A) That the objects, books, documents and papers that the defendant wishes to examine, be related or described with sufficient specification;
(B) that it does not affect the security of the Commonwealth nor the investigative work of its police agents, and
(C) that the corresponding motion by the defendant is filed with enough anticipation of the date set for the trial, so that there are no unnecessary delays in the proceedings nor undue inconveniences to the officials of the Commnwealth.
(b) The prosecution shall reveal all evidence exonerating the defendant that it has in its possession.
(c) The prosecution shall inform the court if the material or information requested is not in its possession, custody or control, in which case, the court shall order the person or entity that possesses it, has it under custody or controls it, to place it at the disposal of the defendant.
(d) The legal investigation writs, reports, memorandums, correspondence or other internal documents that contain the prosecution’s opinions, theories or conclusions shall not be subject to discovery or inspection by the defense.
History —July 1, 1988, No. 58, p. 266, § 1, eff. 90 days after July 1, 1988.