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SS1FORSB57 • 2025

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

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

Crime
Passed Legislature

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

Sponsor
Last action
2025-05-14
Official status
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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

What This Bill Does

  • AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSTCONVICTION REMEDY.
  • 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

No action history is stored for this bill yet.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSTCONVICTION REMEDY.
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 requiri