Delaware 153rd General Assembly (2025-2026) Status: In Committee 1 D cosponsors

SB 58 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSTCONVICTION REMEDY.

Last action — Adopted in lieu of the original bill SB 58, and Assigned to Finance Committee in Senate

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced May 14, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Stalled 16% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill allows convicted individuals to seek relief based on new forensic evidence.

This law permits individuals convicted of crimes to apply for relief in court if new forensic evidence emerges that could potentially change the outcome of their case. A successful application could lead to vacating their conviction.

What this means for you
  • Workers: This may impact workers who are convicted and seek relief based on new forensic evidence.
  • Families: Families of convicted individuals might gain hope for potential relief due to advancements in forensic science.

Summary

This Act provides a remedy for convicted persons relating to changes in forensic scientific or technical information. Specifically, a convicted person may apply to the Superior Court for relief if certain forensic scientific information was not available to be offered by the convicted person prior to the conviction or if it undermines forensic scientific evidence that was presented at trial. The court must grant relief if (1) the convicted person files an application asserting that the relevant forensic evidence is currently available and was not ascertainable through the exercise of reasonable diligence by the convicted person before or during trial or before the date of entry of a plea, (2) the application is accompanied by an affidavit from a forensic expert that satisfies certain requirements, and (3) the court determines that, had the evidence been presented at a trial, there is a reasonable likelihood that the result at trial would have been different or that the convicted person would not have been convicted. Once a petition for relief is filed, the Superior Court shall set a hearing on the petition, not later than 180 days after the petition was filed, and notify the petitioner and the Department of Justice. The Department of Justice may file a response to the petition within 90 days after its filing. After the hearing, if the court determines that the petitioner has failed to make a prima facie showing that the petitioner is entitled to relief, the court will dismiss the petition in a written opinion. However, if the court determines that the petitioner has made a prima facie showing that the petitioner is entitled to relief, the court may grant the petitioner discovery on matters relating to the forensic evidence used to obtain the conviction or sentence at issue and hold another hearing to determine whether there is a reasonable likelihood that, had the new evidence been presented at a trial, the convicted person would not have been convicted. If so, the court shall grant such relief as the court deems appropriate, which may include vacating the petitioner's conviction. For purposes of the Act, "convicted person" means a person who has received a verdict of guilty by the trier of fact, entered a plea of guilty or a plea of nolo contendere that was accepted by the court, or received a verdict of not guilty by reason of insanity. Like Senate Substitute No. 1 for Senate Bill No. 58, Senate Substitute No. 3 differs from Senate Bill No. 58 in that (i) it clarifies that relevant forensic scientific evidence that may provide a basis for relief is not limited to evidence presented at trial, but rather includes evidence that was presented before trial, at trial, or before the date of entry of a plea; and (ii) it clarifies that the court must grant relief if the relevant criteria are satisfied. Like Senate Substitute No. 2 for Senate Bill No. 58, Senate Substitute No. 3 differs from Senate Bill No. 58 in the following ways: • It replaces "application" with "petition," in order to maintain consistency in how a petition seeking relief under § 4505 of Title 11 is described. • It gives the court discretion to take certain actions if it finds that a petitioner has made a prima facie showing of the requirements for relief under § 4505 of Title 11. Under Senate Bill No. 58, the court would have been required to take certain actions. • It provides that if a petitioner has established entitlement to relief under § 4505 of Title 11, the court shall grant such relief as it deems appropriate, which may include vacating the petitioner's conviction. Under Senate Bill No. 58, the court would have been required to vacate the petitioner's conviction and grant the petitioner's motion for a new trial. In addition, Senate Substitute No. 3 differs from Senate Bill No. 58 in that it requires the application to be accompanied by an affidavit from a forensic expert and that it permits the Superior Court to hear a claim for relief later than 180 days after the petition if there is good cause for an extension.

Bill Text

Action History

  1. Adopted in lieu of the original bill SB 58, and Assigned to Finance Committee in Senate

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 61 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (61)

61 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 58 do?
This Act provides a remedy for convicted persons relating to changes in forensic scientific or technical information. Specifically, a convicted person may apply to the Superior Court for relief if certain forensic scientific information was not available to be offered by the convicted person prior to the conviction or if it undermines forensic scientific evidence that was presented at trial. The court must grant relief if (1) the convicted person files an application asserting that the relevant forensic evidence is currently available and was not ascertainable through the exercise of reasonable diligence by the convicted person before or during trial or before the date of entry of a plea, (2) the application is accompanied by an affidavit from a forensic expert that satisfies certain requirements, and (3) the court determines that, had the evidence been presented at a trial, there is a reasonable likelihood that the result at trial would have been different or that the convicted person would not have been convicted. Once a petition for relief is filed, the Superior Court shall set a hearing on the petition, not later than 180 days after the petition was filed, and notify the petitioner and the Department of Justice. The Department of Justice may file a response to the petition within 90 days after its filing. After the hearing, if the court determines that the petitioner has failed to make a prima facie showing that the petitioner is entitled to relief, the court will dismiss the petition in a written opinion. However, if the court determines that the petitioner has made a prima facie showing that the petitioner is entitled to relief, the court may grant the petitioner discovery on matters relating to the forensic evidence used to obtain the conviction or sentence at issue and hold another hearing to determine whether there is a reasonable likelihood that, had the new evidence been presented at a trial, the convicted person would not have been convicted. If so, the court shall grant such relief as the court deems appropriate, which may include vacating the petitioner's conviction. For purposes of the Act, "convicted person" means a person who has received a verdict of guilty by the trier of fact, entered a plea of guilty or a plea of nolo contendere that was accepted by the court, or received a verdict of not guilty by reason of insanity. Like Senate Substitute No. 1 for Senate Bill No. 58, Senate Substitute No. 3 differs from Senate Bill No. 58 in that (i) it clarifies that relevant forensic scientific evidence that may provide a basis for relief is not limited to evidence presented at trial, but rather includes evidence that was presented before trial, at trial, or before the date of entry of a plea; and (ii) it clarifies that the court must grant relief if the relevant criteria are satisfied. Like Senate Substitute No. 2 for Senate Bill No. 58, Senate Substitute No. 3 differs from Senate Bill No. 58 in the following ways: • It replaces "application" with "petition," in order to maintain consistency in how a petition seeking relief under § 4505 of Title 11 is described. • It gives the court discretion to take certain actions if it finds that a petitioner has made a prima facie showing of the requirements for relief under § 4505 of Title 11. Under Senate Bill No. 58, the court would have been required to take certain actions. • It provides that if a petitioner has established entitlement to relief under § 4505 of Title 11, the court shall grant such relief as it deems appropriate, which may include vacating the petitioner's conviction. Under Senate Bill No. 58, the court would have been required to vacate the petitioner's conviction and grant the petitioner's motion for a new trial. In addition, Senate Substitute No. 3 differs from Senate Bill No. 58 in that it requires the application to be accompanied by an affidavit from a forensic expert and that it permits the Superior Court to hear a claim for relief later than 180 days after the petition if there is good cause for an extension.
Who sponsors SB 58?
SB 58 is sponsored by Kyra L. Hoffner (Democratic).
What is the current status of SB 58?
This bill is in committee in the Senate. Introduced May 14, 2026. It must pass committee before a floor vote.
Where can I track SB 58?
Track SB 58 free on One Click Politics — get push/email alerts when it moves.

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