Delaware 149th General Assembly (2017-2018) Status: In Committee 4 R cosponsors

HB 46 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DNA ANALYSIS AND DATA BANK.

Last action — Tabled in Committee

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

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Currently the law requires that any person convicted of a crime identified under the section identifying sexual offenses, or offenses relating to children and incompetents must submit to DNA testing. The DNA testing is compiled and stored in the state DNA database. As many of these individuals are prone to repeat offenses, this database has proven to be a useful crime solving tool. This bill will provide that any person arrested [vs convicted] for any of these specific crimes will now be subject to DNA testing. This bill will also require testing of any individual who is currently incarcerated and convicted of a violent felony under Title 11. Additional safeguards and protections have been included in the law to balance the state’s interest in solving crimes against the rights of the arrested individuals, as discussed and approved by the U.S. Supreme Court in Maryland v. King, 133 S. Ct. 1958 (U.S. 2013). This act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012, or upon a specific annual appropriation in the Annual Appropriations Act.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill expands DNA testing requirements to include individuals arrested for qualifying offenses, as well as those currently incarcerated for violent felonies.

  • § 4713

    Any person who is arrested for a qualifying offense, or for any person who is in the custody of the Department of Correction that is the result of a conviction of at least one (1) qualifying offense shall have a biological sample taken for DNA (deoxyribonucleic acid) law enforcement identification purposes and inclusion in law enforcement identification databases in accordance with the procedures and regulations provided under this section. → Any person who is arrested for a qualifying offense shall have a biological sample taken for DNA (deoxyribonucleic acid) law enforcement identification purposes and inclusion in law enforcement identification databases in accordance with the procedures and regulations provided under this section.

    The change extends the requirement for DNA sampling to individuals arrested for qualifying offenses.

  • § 4713

    Any person convicted on or after June 16, 1994, of any offense or attempted offense defined in subchapter II, subpart D or subchapter V of Chapter 5, Title 11 or who is in the custody of the Department of Correction after June 16, 1994, as a result of a conviction on one of the above offenses shall have a biological sample taken by the Department of Correction for DNA (deoxyribonucleic acid) law-enforcement identification purposes and inclusion in law-enforcement identification databases. → Any person convicted on or after June 16, 1994, of any offense or attempted offense defined in subchapter II, subpart D or subchapter V of Chapter 5, Title 11 or who is in the custody of the Department of Correction after June 16, 1994, shall have a biological sample taken by the Department of Correction for DNA (deoxyribonucleic acid) law-enforcement identification purposes and inclusion in law-enforcement identification databases.

    Clarification that those currently incarcerated for qualifying offenses must also provide biological samples.

  • § 4713

    Any individual required to have a biological sample taken following an arrest but prior to a conviction of a qualifying offense shall only have the biological sample administered using the buccal swab method. → Any individual required to have a biological sample taken following an arrest but prior to a conviction of a qualifying offense shall only have the biological sample administered using the buccal swab method. Following conviction of a qualifying offense, the biological sample may be administered using either the buccal swab or blood sample method.

    This change allows for flexibility in the method of obtaining biological samples after conviction.

  • § 4713

    No DNA sample shall be required under this section if a DNA profile already exists in the DNA database. → No DNA sample shall be required under this section if a DNA profile already exists in the DNA database.

    Reiterates the existing provision that avoids duplicate DNA sampling for individuals already in the database.

  • § 4713

    A centralized database of DNA (deoxyribonucleic acid) identification records for convicted criminals shall be established in the Division of Forensic Science. → A centralized database of DNA identification records for convicted criminals shall be established in the Division of Forensic Science.

    Establishes a centralized DNA database for better tracking of convicted offenders.

  • § 4713

    The established system shall be compatible with the procedures set forth in a national DNA identification index to ensure data exchange on a national level. → The established system shall be compatible with the procedures set forth in a national DNA identification index to ensure data exchange on a national level.

    Ensures that the state's DNA database is interoperable with national databases for law enforcement purposes.

  • § 4713

    Upon completion of the analysis required by this section, the Division of Forensic Science, shall forward to the State Bureau of Identification the name and other identifying information required by the State Bureau of Identification of each individual for whom a DNA identification record is developed. → Upon completion of the analysis required by this section, the Division of Forensic Science, shall forward to the State Bureau of Identification the name and other identifying information required by the State Bureau of Identification of each individual for whom a DNA identification record is developed.

    Maintains the requirement to share completed DNA analysis results with the State Bureau of Identification.

Action History

  1. Tabled in Committee

  2. Introduced and Assigned to Public Safety & Homeland Security Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 5 co-sponsors · 55 not signed on

Sponsors (2)

Co-sponsors (5)

Not signed on (55)

55 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 HB 46 do?
Currently the law requires that any person convicted of a crime identified under the section identifying sexual offenses, or offenses relating to children and incompetents must submit to DNA testing. The DNA testing is compiled and stored in the state DNA database. As many of these individuals are prone to repeat offenses, this database has proven to be a useful crime solving tool. This bill will provide that any person arrested [vs convicted] for any of these specific crimes will now be subject to DNA testing. This bill will also require testing of any individual who is currently incarcerated and convicted of a violent felony under Title 11. Additional safeguards and protections have been included in the law to balance the state’s interest in solving crimes against the rights of the arrested individuals, as discussed and approved by the U.S. Supreme Court in Maryland v. King, 133 S. Ct. 1958 (U.S. 2013). This act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012, or upon a specific annual appropriation in the Annual Appropriations Act.
Who sponsors HB 46?
HB 46 is sponsored by Gerald W. Hocker (Republican), Bryant L. Richardson (Republican), Timothy D. Dukes (Republican), David L. Wilson (Republican), Michael Ramone, Catherine Cloutier, and Joseph E. Miro.
What is the current status of HB 46?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 46?
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