DelawarePeople convicted of crimes could request DNA testing at any time
People convicted of crimes, including those who pleaded guilty, could request DNA testing at any time and seek a new trial if the results meet the bill’s test.
What it does
People convicted of crimes could request DNA testing at any time, including while they can appeal their conviction. They would file in the court that convicted them.
Courts would order DNA testing when evidence could help show innocence and meets safeguards for handling and testing. People who pleaded guilty could qualify, and some evidence tested before could be tested again.
Courts would grant a new trial, even while an appeal is possible, if DNA evidence shows a reasonable probability that earlier use would have changed the result or prevented conviction.
Argument forRequests at any time could let people with older convictions test evidence that may support a claim of innocence.
Argument againstRequests made years after conviction could require courts and the state to check whether old evidence was handled reliably.
More detail
A person convicted of a crime could ask the court that convicted them for DNA testing. This applies to people convicted of crimes. A person could file at any time, including when an appeal of the conviction is available.
The court would order DNA testing when all required conditions are met. This covers evidence from the investigation that led to the conviction, including cases where a person pleaded guilty. The person must show that identity is at issue and that the evidence was handled reliably. The test must use an accepted scientific method and could produce new evidence that matters to an innocence claim. Evidence tested before could be tested again if more useful results are reasonably likely.
The court would grant a new trial when the person makes the required showing. This applies to people convicted of crimes who claim DNA evidence shows they are innocent. The person must show a reasonable probability that DNA evidence obtained through this testing process would have changed the result or prevented conviction. The court would consider what would have happened if the evidence had been presented before or during trial or before a guilty plea.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Jun 9Assigned to Finance Committee in SenateLatest
- May 14was introduced and adopted in lieu of SB 57Introduced
Criminal Justice