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SA1TOSB214 • 2025

This Amendment to Senate Bill No.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Hoffner
Last action: 2026-05-19
Official status: Introduced and Placed With Bill
Effective date: Not listed

Plain English Breakdown

The official source does not provide specific details on penalties for non-compliance before the law takes effect.

Amendment to Senate Bill No. 214

This amendment changes the definition of 'biological evidence' and sets rules for preserving such evidence in criminal cases, delaying implementation by two years.

What This Bill Does

Changes the definition of 'biological evidence' from items that may contain biological material to those that actually contain it.
Requires the state to preserve evidence likely to contain biological evidence safely.
Sets rules for how long the state must hold onto this kind of evidence before destruction, consistent with best practices at the time of collection.
Lists possible court-ordered remedies if evidence was not preserved as required by law.

Who It Names or Affects

People involved in criminal cases where biological evidence is collected.
Law enforcement agencies responsible for collecting and preserving evidence.
Courts that handle criminal cases involving biological evidence.

Terms To Know

Biological Evidence: Items like blood, hair, or other body parts used in criminal investigations.
Exculpatory: Evidence that could prove someone is not guilty of a crime.

Limits and Unknowns

The exact conditions under which evidence can be destroyed are not detailed.
It does not specify what happens if the state fails to follow these new rules before they take effect in two years.

Bill History

2026-05-19 Delaware General Assembly
Introduced and Placed With Bill

Official Summary Text

This Amendment to Senate Bill No. 214 revises the definition of “biological evidence” to any item that “contains” some kind of biological material, instead of any item that “may contain” some kind of biological material; requires the State to preserve evidence that is likely to contain biological evidence; requires the state to retain evidence in a manner, consistent with best practices at the time of collection, that prevents contamination, degradation, or reduction of any biological material contained on the evidence; provides that the State may not destroy evidence that is likely to include any biological evidence before the expiration of a certain time period or unless certain conditions are satisfied; and provides examples of remedies that the court may order if the court determines that a failure to produce evidence was the result of intentional and willful destruction or of negligence or non-willful destruction.
In addition, this Amendment provides that the Act takes effect 2 years after its enactment into law, rather than 30 days after its enactment into law.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Hoffner

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

SENATE BILL NO. 214

AMEND Senate Bill No. 214 on line 4 by deleting “

may contain

” as it appears therein and inserting in lieu thereof “

contains

”.

FURTHER AMEND Senate Bill No. 214 on line 19 by deleting “

biological

” as it appears therein.

FURTHER AMEND Senate Bill No. 214 on line 20 by deleting “

may contain biological material

” as it appears therein and inserting in lieu thereof “

is likely to contain biological evidence

”.

FURTHER AMEND Senate Bill No. 214 on line 26 by inserting “

, consistent with the best practices at the time of collection,

” after “

manner

” and before “

that prevents

” therein.

FURTHER AMEND Senate Bill No. 214 on line 31 by deleting “

may include any biological material

” as it appears therein and inserting in lieu thereof “

is likely to include any biological evidence

”.

FURTHER AMEND Senate Bill No. 214 on line 57 by deleting “

may contain

” as it appears therein and inserting in lieu thereof “

is likely to contain

”.

FURTHER AMEND Senate Bill No. 214 on line 60 by inserting “

remaining

” after “

disposing of the

” and before “

physical evidence

” therein.

FURTHER AMEND Senate Bill No. 214 on line 72 by deleting "

infer

" as it appears therein and inserting in lieu thereof "

presume

FURTHER AMEND Senate Bill No. 214 on line 73 by deleting “

favorable

” as it appears therein and inserting in lieu thereof “

exculpatory

”.

FURTHER AMEND Senate Bill No. 214 on line 74 by inserting “

, including the grant of a new trial, the reduction of sentence, the dismissal of a criminal charge, the vacatur of the conviction, or an instruction to the jury that evidence was not preserved as required by law

” after “

remedies

” and before the period therein.

FURTHER AMEND Senate Bill No. 214 by deleting line 78 in its entirety and inserting in lieu thereof the following:

“

ii. At the postconviction hearing, presume that the results of the post-conviction DNA testing would have been exculpatory to the petitioner.

iii. Imposing appropriate sanctions and ordering appropriate remedies, including the grant of a new trial, the reduction of sentence, the dismissal of a criminal charge, the vacatur of the conviction, or an instruction to the jury that evidence was not preserved as required by law.

”.

FURTHER AMEND Senate Bill No. 214 on line 91 by deleting “

30 days

” as it appears therein and inserting in lieu thereof “

2 years

”.

SYNOPSIS

This Amendment to Senate Bill No. 214 revises the definition of “biological evidence” to any item that “contains” some kind of biological material, instead of any item that “may contain” some kind of biological material; requires the State to preserve evidence that is likely to contain biological evidence; requires the state to retain evidence in a manner, consistent with best practices at the time of collection, that prevents contamination, degradation, or reduction of any biological material contained on the evidence; provides that the State may not destroy evidence that is likely to include any biological evidence before the expiration of a certain time period or unless certain conditions are satisfied; and provides examples of remedies that the court may order if the court determines that a failure to produce evidence was the result of intentional and willful destruction or of negligence or non-willful destruction.

In addition, this Amendment provides that the Act takes effect 2 years after its enactment into law, rather than 30 days after its enactment into law.

Author: Senator Hoffner