DOVER, Del. – Two bills aimed at providing incarcerated individuals in Delaware with a better opportunity to have their cases heard in court are progressing through the Delaware Senate. Senate Bill 57 would remove the time bar from Delaware’s post-conviction DNA statute, enabling individuals convicted before the widespread use of DNA testing to request new DNA analysis on their cases. In addition, Senate Bill 58 would create a formal process for convicted individuals to challenge their convictions in court if new forensic evidence emerges or if existing forensic evidence has been discredited. Senate Bill 57 would also allow individuals to petition for post-conviction DNA testing to prove their innocence, even if they previously pleaded guilty. Senate Bill 58 would give individuals the ability to revisit their cases if forensic science advancements have rendered the evidence used in their conviction invalid. Delaware is one of only seven states that has not updated its laws to reflect these changes. Currently, only four exonerations have occurred in Delaware in the past few decades, illustrating the need for updated processes. Both bills are being considered in the Senate Corrections and Public Safety Committee.
