# Delaware SB 139: AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BIOLOGICAL EVIDENCE.

Delaware SB 139, AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BIOLOGICAL EVIDENCE., is a 153rd General Assembly (2024–2026) Senate bill sponsored by Marie Pinkney (Democratic); status signed, last action 2025-08-20 (Signed by Governor) (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/DE-SB139-153
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Delaware SB 139
- State: Delaware
- Session: 153rd General Assembly (2024–2026)
- Title: AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BIOLOGICAL EVIDENCE.
- Status: signed
- Chamber: Senate
- Introduced: 2025-05-13
- Last action: 2025-08-20, Signed by Governor
- Sponsor: Marie Pinkney (Democratic)
- Cosponsors: 25
- Touches household money: no
- Roll calls: 2 (59 yes, 0 no in all)
- Economic provisions PRIA read: 10

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Sexual assault victims get evidence protections: benefit, medium. 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 notic…
- People gain privacy protections for DNA: benefit, low. 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 info…
- Victims get DNA updates and contact choices: benefit, low. 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 inform…
- Criminal courts can use DNA comparisons: benefit, low. 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: benefit, low. 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 individ…
- Investigators retain more usable DNA leads: benefit, low. 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…
- Sexual assault kits face testing deadlines: benefit, low. 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 wit…
- Covered convicted people must provide DNA: cost, medium. 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 p…
- Missed testing deadlines limit legal claims: cost, medium. 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 res…
- DNA collectors get standards and protections: mixed, low. 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 proced…

## Sponsors and cosponsors

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

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-06-30 | House | Passed (SM required) | pass | 40 | 0 |   |
| 2025-05-22 | Senate | Passed (SM required) | pass | 19 | 0 |   |

## Actions (8)

- 2025-08-20: Signed by Governor (Governor)
- 2025-06-30: Passed By House. Votes: 40 YES 1 VACANT (House)
- 2025-06-18: Reported Out of Committee (Judiciary) in House with 6 On Its Merits (House)
- 2025-06-05: Assigned to Judiciary Committee in House (House)
- 2025-05-22: Passed By Senate. Votes: 19 YES 2 ABSENT (Senate)
- 2025-05-21: Reported Out of Committee (Executive) in Senate with 4 Favorable, 2 On Its Merits (Senate)
- 2025-05-15: Assigned to Executive Committee in Senate (Senate)
- 2025-05-13: Introduced and Assigned to Judiciary Committee in Senate (Senate)

## Bill text

- Current, 2025-05-13: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142266&legislationTypeId=1&docTypeId=2)

## Related bills

- HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT. (passed house)
- HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS. (signed)
- SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS. (vetoed)
- SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS. (vetoed)
- HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS. (vetoed)
- HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. (failed)

## Sources
- [Current (HTML)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142266&legislationTypeId=1&docTypeId=2)

## Related
- [HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITI…](https://policyrisk.com/state-bill/DE-HS1FORHB449-153)
- [HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO S…](https://policyrisk.com/state-bill/DE-HB357-153)
- [SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.](https://policyrisk.com/state-bill/DE-SB231-153)
- [SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATI…](https://policyrisk.com/state-bill/DE-SB279-153)
- [HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLI…](https://policyrisk.com/state-bill/DE-HB393-153)
- [HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING…](https://policyrisk.com/state-bill/DE-HB356-153)
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Source: PRIA, https://policyrisk.com/state-bill/DE-SB139-153 (as of 2026-10-12).