Delaware committee hears testimony on bill to preserve biological evidence

The Senate Corrections and Public Safety Committee on Monday heard testimony on Senate Bill 214, legislation that would require Delaware to adopt statewide standards for preserving biological evidence so it remains available for post-conviction DNA testing.

Supporters said the bill fills a critical gap. Dan Saenz, staff attorney at Innocence Project Delaware, told the committee the measure would “modernize Delaware’s criminal legal system and ensure evidence is automatically preserved,” arguing that consistent retention increases access to DNA testing that can exonerate the innocent and identify perpetrators. John Reynolds, deputy policy and advocacy director for the ACLU of Delaware, said the bill would bring the state in line with 44 other states.

The bill’s sponsor, Senator Hoffner, said Delaware is one of only six states without an evidence-preservation statute and stressed that properly preserved biological evidence helps prosecute cases, solve cold cases and exonerate the wrongly convicted. “Properly preserved biological evidence is the key to prosecuting criminal cases, solving cold cases, and exonerating the innocent,” Hoffner said.

Advocates and exonerees described the human stakes. Joe Walls, CEO of veteran services, told the committee, in reference to wrongful convictions, that “one innocent person in prison is intolerable.” Anthony Wright, an exoneree from Pennsylvania, described how preserved evidence allowed testing decades after his conviction and led to his release.

But witnesses representing law enforcement and the courts flagged practical barriers. Marvin Bailey of the Dover Association of Chiefs of Police said larger agencies generally have evidence-management systems but smaller departments may lack electronic tracking and would face financial hardship to upgrade systems and facilities to store evidence for longer periods. Evelyn Nestleroad of the Administrative Office of the Courts said the judicial branch does not routinely retain biological evidence and that participation would require space in all three counties, training and investments in equipment such as temperature control.

Committee members pressed for implementation details. One senator asked who would have long-term custody of preserved evidence; supporters said the bill directs state bodies to develop operational specifics. Whitney, a state policy advocate with the Innocence Project, said the measure references national standards and expects entities such as the Delaware Police Accreditation Committee and the Division of Forensic Science to work with stakeholders to determine how to preserve samples practically — for example, preserving representative samples of large items rather than entire cars.

The sponsor acknowledged the need to tighten some language about large items and said he would consult with forensic experts and agencies after the hearing. No vote was taken; the committee adjourned after public comment.

What’s next: Sponsors and agency partners will confer on technical language and logistics (storage, chain of custody, and costs) before the bill returns to committee for further action.