SB 57 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSTCONVICTION REMEDY.

Summary

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.

Bill Text

• Bill Text View text Current pdf

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This Act amends the postconviction remedy laws in Delaware to remove time limitations on seeking DNA testing and alters the criteria for granting new trials based on DNA evidence.

• § 4504

  Except at a time when direct appellate review is available, and subject to the time limitations set forth in this subsection, → At any time,

  This change allows individuals to file for DNA testing at any time without being restricted by direct appellate review or time limits.

• § 4504(a)

  may not be filed more than 3 years after the judgment of conviction is final.

  This removes the three-year limit for filing a motion for DNA testing after conviction.

• § 4504(b)

  must establish by clear and convincing evidence by a reasonable probability that had the evidence obtained pursuant to subsection (a) of this section been presented before or during trial or before the date of entry of a plea, there would have been a different outcome or that the person would not have been convicted. → must establish by 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.

  This change lowers the standard required to grant a new trial based on DNA evidence.

• § 4504(b)

  the court may shall grant a new trial → the court shall grant a new trial

  This makes it mandatory for the court to grant a new trial if the revised standard is met, removing judicial discretion in this matter.

• § 4504(a)(1)

  on evidence secured in relation to the trial → on evidence secured in relation to the trial which investigation that resulted in the conviction;

  This amendment clarifies that DNA testing can also be performed on evidence obtained during the investigation, not just at trial.

• § 4504(a)(2)

  prior to the time of trial or date of entry of a plea, or although the evidence was previously subjected to testing, it can be subjected to additional testing that provides a reasonable likelihood of results that are more probative than the results of the previous test. → if it is shown that the evidence has not been previously subject to testing because the technology for testing was not available;

  This change removes the requirement that new testing can only occur if the technology was previously unavailable.

Action History

1. June 09, 2025

   Assigned to Finance Committee in Senate

2. May 14, 2025

   was introduced and adopted in lieu of SB 57

Sponsors

• Melanie Ross Levin · Primary
• Eric Morrison · Primary
• Nicole Poore · Primary
• Mara Gorman · Primary
• David P. Sokola · Primary
• William Bush · Primary
• Kyra L. Hoffner · Primary

Subjects