Senate committee hears testimony on bills to expand postconviction DNA and forensic-review pathways

The Senate Corrections and Public Safety Committee on an online and in-person hybrid hearing reviewed two related bills — Senate Bill 57 and Senate Bill 58 — aimed at updating Delaware law to allow broader postconviction DNA testing and to permit challenges when forensic methods used at trial are later discredited.

Senator Hoffner, sponsor of the measures, told the committee SB 57 would remove a three-year filing limit for DNA testing motions, allow people who pleaded guilty to seek postconviction DNA testing, and authorize testing of previously tested evidence with newer methods. "This bill aims to broaden access to DNA testing for postconviction relief and update the standards for granting new trials based on DNA testing," Hoffner said.

The bills drew support from criminal-justice reform groups, Innocence Project Delaware and other civic organizations. Caitlin Richards, associate director of Tideshift Justice Project, told the committee SB 57 "removes unnecessary barriers for DNA testing and provides a fair legal standard for granting new trials based on DNA evidence." Jessica Aleta, interim co-executive director of Innocence Project Delaware, said Delaware lags other states on exonerations and noted that some of the organization's clients have cases predating DNA testing.

SB 57: key provisions and discussion

Sponsor remarks and the bill text presented by Hoffner say SB 57 would: remove the three-year limitation on filing a motion for postconviction DNA testing; permit people who pleaded guilty to seek testing; allow retesting…