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SB 139

AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BIOLOGICAL EVIDENCE.

153rd General Assembly (2025-2026) Introduced by Darius Brown and 21 co-sponsors

Delaware law now establishes standards for collecting, preserving, and accessing biological evidence in criminal cases to ensure proper handling and protect defendants' rights.

Signed by Governor
0
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Bill Summary · SB 139

Legislative bill overview

SB 139 amends Delaware's criminal code (Titles 11 and 29) to establish new procedures and standards governing the handling, preservation, and use of biological evidence in criminal cases. The bill creates requirements for how law enforcement and prosecutors must manage DNA and other biological materials throughout the criminal justice process.

Why is this important

Biological evidence—particularly DNA—is central to modern criminal investigations and can be crucial for both convicting guilty parties and exonerating the innocent. Clear statutory standards for evidence handling reduce contamination risks, improve case outcomes, and help prevent wrongful convictions. This legislation provides Delaware courts and law enforcement with explicit legal frameworks rather than relying solely on administrative policies.

Potential points of contention

  • Retention and destruction timelines: Disagreement may exist over how long biological evidence must be preserved (particularly for convicted offenders) versus when it can be destroyed, balancing perpetual access for appeals against storage costs and privacy concerns
  • Defendant access rights: Questions about when and how defendants can request DNA testing or independent analysis, and whether there are limitations based on case status or time elapsed
  • Retroactive application: Unclear whether provisions apply to evidence from cases closed before the bill's enactment, potentially reopening old investigations or creating inconsistent treatment of cases

Compiled from official sources — confirm details with the bill’s official record.

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