Delaware 150th General Assembly (2019-2020) Status: In Committee Bipartisan · 4 R · 1 D cosponsors

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

Last action — Reported Out of Committee (Public Safety & Homeland Security) in House with 8 On Its Merits

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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 150th General Assembly (2019-2020). 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Establishing a suspect's identity is critical to their processing by law enforcement. DNA analysis provides unparalleled accuracy in establishing identity. The United States Supreme Court held that "DNA identification of arrestees is a reasonable search that can be considered part of a routine booking procedure". Maryland v. King, 569 U.S. 435, 465 (2013). The establishment of an individual's DNA may identify the perpetrator of "some heinous crime" and may free "a person wrongfully imprisoned for the same offense". Id. at 456. The collection of a DNA sample by buccal swab (cheek swab) of a person is a reasonable and legitimate police booking procedure that should be available for identifying those arrested for serious crimes in Delaware. This Act creates a constitutionally sound procedure for collecting and analyzing arrestee DNA. First, the Act directs that biological samples only be obtained from those accused of committing designated serious felony offenses. Second, biological samples may only be taken from arrestees by the least intrusive method - a buccal swab. Third, samples may only be submitted for identification analysis after a determination of probable cause by a judge at a preliminary hearing or a grand jury by indictment. Finally, any DNA sample or analysis of a DNA sample shall be destroyed or expunged from a DNA database if probable cause is not determined or if all charges associated with the arrest of the individual are dismissed or the individual is found to be not guilty. 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.

Bill Text

Action History

  1. Reported Out of Committee (Public Safety & Homeland Security) in House with 8 On Its Merits

  2. Re-Assigned to Public Safety & Homeland Security Committee in House

  3. Adopted in lieu of the original bill HB 29, and Assigned to Appropriations Committee in House

Sponsors

Sponsorship breakdown

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3 sponsors · 4 co-sponsors · 55 not signed on

Sponsors (3)

Co-sponsors (4)

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 29 do?
Establishing a suspect's identity is critical to their processing by law enforcement. DNA analysis provides unparalleled accuracy in establishing identity. The United States Supreme Court held that "DNA identification of arrestees is a reasonable search that can be considered part of a routine booking procedure". Maryland v. King, 569 U.S. 435, 465 (2013). The establishment of an individual's DNA may identify the perpetrator of "some heinous crime" and may free "a person wrongfully imprisoned for the same offense". Id. at 456. The collection of a DNA sample by buccal swab (cheek swab) of a person is a reasonable and legitimate police booking procedure that should be available for identifying those arrested for serious crimes in Delaware. This Act creates a constitutionally sound procedure for collecting and analyzing arrestee DNA. First, the Act directs that biological samples only be obtained from those accused of committing designated serious felony offenses. Second, biological samples may only be taken from arrestees by the least intrusive method - a buccal swab. Third, samples may only be submitted for identification analysis after a determination of probable cause by a judge at a preliminary hearing or a grand jury by indictment. Finally, any DNA sample or analysis of a DNA sample shall be destroyed or expunged from a DNA database if probable cause is not determined or if all charges associated with the arrest of the individual are dismissed or the individual is found to be not guilty. 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.
Who sponsors HB 29?
HB 29 is sponsored by Timothy D. Dukes (Republican), David P. Sokola (Democratic), David L. Wilson (Republican), Daniel B. Short (Republican), Michael F. Smith (Republican), Bruce C. Ennis, and Catherine Cloutier.
What is the current status of HB 29?
This bill died with 150th General Assembly (2019-2020). 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 29?
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Last checked for changes 3 months ago · updated continuously

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