Delaware General Assembly

Out of Committee 5/14/25

Reported from Committee; to list ready for consideration (Ready List)

SB 57

5/14/25

Hoffner

Rep. Bush

Sen. Sokola
Reps. Gorman, Griffith, Morrison, Ross Levin

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSTCONVICTION REMEDY.

This Act updates Title 11 of the Delaware Code concerning postconviction remedies relating to DNA testing and evidence. Specifically, the Act removes the limitations currently in the Delaware Code (1) that a person convicted of a crime must seek DNA testing within 3 years after the conviction is final and (2) that a person convicted of a crime may not seek DNA testing or a new trial based on DNA evidence if direct appellate review is available. In addition, the Act requires the court to grant a motion for the performance of DNA testing if certain criteria are satisfied. The Act also permits persons who entered a guilty plea, in addition to persons convicted of a crime, to seek DNA testing, and allows for DNA testing where evidence was previously subjected to testing but additional testing of that evidence provides a reasonable likelihood of results that are more probative. The Act changes the standard applicable for a motion for a new trial based on DNA evidence. Instead of requiring a showing by clear and convincing evidence that no reasonable trier of fact would have convicted the person, the under the Act, the court must grant a new trial up a showing of a reasonable probability that there would have been a different outcome or no conviction, had the DNA evidence been presented before or during trial or before the date of entry of a plea. Finally, the Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is a substitute for and differs from Senate Bill 57 in that it clarifies that the DNA testing may be performed on evidence secured in relation to the investigation, and is not limited to evidence secured in relation to the trial. In addition, this Act removes a requirement that the movant show that the evidence was not previously subject to testing because the technology for testing was not available at the time of trial. Finally, this Act requires the court to grant a new trial if the standard is satisfied, rather than leaving it to the court's discretion.

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Takes effect upon being signed into law

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