DelawareSB 139153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BIOLOGICAL EVIDENCE.

Sponsored By: Marie Pinkney (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 7 benefits, 2 costs, 1 mixed.

Sexual assault victims get evidence protections

Agencies must keep biological samples from unsolved sexual assault cases for at least 20 years after collection. If the victim was under 18 when the alleged offense occurred, samples also cannot be destroyed before age 40. Before disposal, police must give the victim at least 20 days' written notice and explain preservation options. If the victim asks to preserve the sample or its useful contents, the agency cannot dispose of it. The notice and preservation protections do not apply to information properly expunged under state law.

Covered convicted people must provide DNA

People convicted of listed offenses on or after June 16, 1994 must provide biological samples for DNA identification. The requirement also covers Title 11 felony convictions after July 1, 2003. The Department of Correction must collect samples from covered people sentenced to confinement. Covered people not sentenced to confinement must provide samples as a sentence condition, when and where the court directs.

Missed testing deadlines limit legal claims

Missing a sexual assault kit testing deadline is not grounds to challenge the validity or absence of DNA evidence. The delay also cannot justify excluding kit evidence, dismissing a case, or setting aside a conviction. Claims for damages against government workers, officials, or agencies cannot rest on the missed deadline.

People gain privacy protections for DNA

DNA results must be secure and confidential, used only for law enforcement, and kept outside public-records disclosure. Specific disclosures allowed by law remain available; victim disclosures generally cannot identify the person linked to a profile. Improper sharing or receipt of DNA database information is a Class A misdemeanor. If investigators find no crime occurred, Justice Department notice or notice from an authorized agency removes the sample's analysis and recording requirement. Reversed convictions and dismissed cases make related DNA records and physical samples eligible for court-ordered expungement and destruction.

Victims get DNA updates and contact choices

Victims or their chosen support person can request sample locations and DNA testing status. Agencies must respond as soon as possible, within 7 calendar days. Victims can learn whether a DNA profile was found, entered into state or national databases, or matched. Agencies must withhold match information if sharing it would harm an ongoing investigation. Victims can change contact preferences or decline contact; agencies must honor preferences when possible. Notices can be spoken, electronic, or printed unless a specific form is required. Agencies must make reasonable efforts to reach victims, who must keep their contact details current.

Criminal courts can use DNA comparisons

DNA testing and profile comparisons are recognized as reliable scientific techniques under existing evidence law. In criminal cases, DNA comparisons are admissible to prove or disprove a person's identity. Courts can also admit other relevant identity evidence.

Delaware connects DNA records for investigators

Delaware's forensic division must maintain a state DNA index that follows national database policies. It must receive, analyze, and classify samples, and record results in CODIS for identification and statistics. It must adopt rules for collection, database use, and data safeguards. Once an individual's DNA identification record exists, a notice must enter that person's DELJIS criminal justice file. Criminal justice agencies can access the notice under existing criminal record rules. The division must also send verified links between profiles and people to the Delaware Information Analysis Center.

Investigators retain more usable DNA leads

The forensic division must keep profiles too low-quality for the national database if they still qualify for the state database. Those profiles remain available for statewide comparisons. If the lab cannot obtain an autosomal DNA profile eligible for CODIS, investigators and the Justice Department must review other DNA-typing results. They must consult the forensic lab about using those results in the investigation.

Sexual assault kits face testing deadlines

Police must send sexual assault kits within 30 days after contacting Delaware's forensic lab about evidence and planned testing. Available suspect or consensual-partner comparison samples and related evidence must accompany the kit or follow as soon as possible. The lab must finish covered kits within 90 days; its yearly average for analysis and classification cannot exceed 90 days. If the lab cannot meet deadlines, federal or accredited private labs must test untested kits at state expense. The lab must report testing dates and outcomes to investigators, who must upload dates, status, and results to LEISS.

DNA collectors get standards and protections

Qualified personnel must collect biological samples and package them in containers provided or approved by Delaware's forensic division. Collection and submission must follow the division's regulations. Authorized collectors are protected from civil liability when they use generally accepted procedures. Tampering with biological samples is a Class D felony.

Sponsors & Cosponsors

Sponsor

Marie Pinkney
Democratic • Senate

Cosponsors

Darius J. Brown
Democratic • Senate
Eric Buckson
Republican • Senate
Daniel Cruce
Democratic • Senate
Krista Griffith
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Gerald W. Hocker
Republican • Senate
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Larry Lambert
Democratic • House
Dave G. Lawson
Republican • Senate
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
Eric Morrison
Democratic • House
DeShanna U Neal
Democratic • House
Trey Paradee
Democratic • Senate
Brian Pettyjohn
Republican • Senate
Nicole Poore
Democratic • Senate
Bryant L. Richardson
Republican • Senate
Cyndie Romer
Democratic • House
Ray Seigfried
Democratic • Senate
David P. Sokola
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate
Bryan Townsend
Democratic • Senate
John "Jack" Walsh
Democratic • Senate
David L. Wilson
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 59 • No: 0

House vote • 6/30/2025

Passed (SM required)

Yes: 40 • No: 0

Senate vote • 5/22/2025