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

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Longer storage of sexual assault evidence

For unsolved sexual assault cases, police and labs must keep biological samples for at least 20 years after collection. If the victim was under 18 at the time, they must keep the samples until the victim turns 40.

DNA collection for convicts and tampering penalties

People convicted of listed sex crimes on or after June 16, 1994, and all felonies after July 1, 2003, must give a DNA sample. If not jailed, giving the sample is a condition of sentence at a time and place the court sets. It is a Class D felony to tamper with a collected biological sample or its container without authority.

Victims get updates and destruction notice

On request, police must tell a victim where the samples are and the testing status within 7 days. Victims can be told if a DNA profile exists, was entered in state or national indexes, and if there is a match, unless that would harm an active case. A victim may choose an advocate or other support person to get these updates. Before destroying evidence in an unsolved case, police must give 20 days’ written notice and must keep it if the victim asks in time. Agencies do not share the identified person’s name unless Delaware law allows it.

Faster sexual assault kit testing and reporting

Police must send sexual assault kits to the state lab within 30 days of first contacting the lab. They must send all kits, plus suspect or partner samples and other evidence when available. The lab must finish DNA testing within 90 days per kit and keep a 90‑day yearly average. If the lab cannot meet deadlines, the State pays a federal or accredited private lab to test. After testing, the lab tells the investigating agency, and the agency updates the LEISS system. Missing a deadline does not let someone throw out DNA evidence or sue over timing. The state lab must also follow the sexual‑assault‑kit rules set in law.

State DNA system rules and privacy

The state runs a DNA index that works with the national system to help identify or exclude suspects and find missing people. The lab analyzes samples and records profiles, but it does not record them when the DOJ or police say no crime happened. DNA results are confidential, exempt from public records, and misuse is a crime. The lab keeps lower‑quality profiles that work in the state system and, when a standard profile is not possible, agencies and DOJ review other DNA testing options. After analysis, the lab adds a note to criminal history and shares verified DNA‑to‑person matches with the state analysis center. DNA comparisons are admissible in court. The law also defines key terms and sets medical collection standards with civil immunity for proper collection.

Remove DNA after reversed or dismissed cases

If your conviction is reversed or your case is dismissed, you can ask the Superior Court to expunge your DNA record. With a certified court order, the state lab must delete your data and destroy your biological samples.

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