Gov. Meyer addresses crime, closure of the Plummer Center
Gov. Meyer recently addressed crime statistics and the closure of the Plummer Center during a recent interview with The News Journal.
- Delaware is one of the few states without a formal law mandating the preservation of evidence like blood, semen or hair.
- Senate Bill 214 would require evidence to be kept as long as a crime is unsolved or a person remains in custody.
- Two other related bills would modernize post-conviction DNA testing laws and allow challenges to convictions based on discredited forensic science.
Television crime dramas have trained audiences to believe DNA evidence is always collected, stored and available to be tested years later. In Delaware, that assumption is often wrong. A new legislative package would overhaul how the state preserves biological evidence, a change advocates say could determine whether wrongly convicted people ever get a real chance to prove it.
According to data from the University of Michigan Law School, Delaware has recorded just five known exonerations. That figure stands in sharp contrast to nearly 4,000 exonerations nationwide since 1989. Lawmakers and advocates say the disparity is evidence of a criminal justice system that makes it difficult to prove innocence after a conviction becomes final.
Efforts to address that concern center on Senate Bill 214, introduced by Sen. Kyra Hoffner. The bill would, for the first time, require the state to preserve biological evidence connected to criminal cases. The proposal is supported by Innocence Project Delaware, which has received nearly 200 requests for post-conviction assistance since opening in 2020 from people who say they were wrongly convicted.
Dan Signs, a staff attorney with Innocence Project Delaware, said Delaware is one of a small handful of states without a formal statute that sets clear standards for how long biological evidence must be preserved. As a result, there is no uniform system for maintaining blood, semen, hair or other material that could later be tested using DNA technology unavailable at the time of trial.
By failing to keep pace with national standards, Delaware leaves people with credible innocence claims unable to access evidence that could vindicate them.
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What’s in Senate Bill 214?
If passed, SB 214 would mandate the preservation of all biological evidence in the state’s custody that is connected to a criminal investigation or prosecution. Evidence would have to be retained for as long as a crime remains unsolved or for as long as a convicted person remains in custody, regardless of whether the conviction resulted from a trial or a guilty plea.
The bill also spells out the when biological evidence may be destroyed. Under limited and clearly defined circumstances, destruction would be allowed only if all five of the following conditions are met:
- More than five years have passed since the conviction became final and all appeals are exhausted.
- The evidence is not tied to a Class A through Class E felony.
- No other state or federal law requires the evidence to be preserved.
- The state sends certified written notice of its intent to destroy the evidence to specified parties, including anyone still incarcerated because of that conviction.
- No person who has received such notice files a motion for DNA testing or a written request to retain the evidence within 180 days.
For evidence that is too large or impractical to store, the state would still be required to preserve any portions likely to contain biological material. If evidence that should have been preserved cannot be produced, courts would be required to hold a hearing to determine whether its destruction was intentional.
The legislation would take effect 30 days after becoming law.
Legislative package to reform forensic justice
SB 214 is intended to work in tandem with two additional bills introduced by Hoffner that target other barriers to post-conviction relief.
SS1 for Senate Bill 57 would eliminate outdated technological restrictions and legal processes that hinder defendants from pursuing innocence claims. The bill would modernize Delaware’s post-conviction DNA testing law by removing time limits that prevent access for those convicted before DNA testing became routine and allow individuals to petition courts for post-conviction DNA testing.
SS1 for Senate Bill 58 would establish a formal court process for challenging convictions that relied on forensic methods later shown to be unreliable or discredited.
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Advocates point to a growing list of forensic techniques once treated as authoritative but now widely questioned or rejected:
- Bite mark analysis
- Hair comparison analysis
- Certain arson investigation methods
- Comparative bullet lead analysis
Breakthroughs in DNA testing and forensic science have repeatedly exposed flaws in these methods, leading to exonerations in other states.
What happens next?
The two post-conviction reform bills are awaiting consideration in the Senate Finance Committee. SB 214 is expected to be heard in the Senate Corrections and Public Safety Committee later this January.
Supporters say the proposals together would mark a systemic shift in Delaware’s approach to justice. Instead of relying on procedural conclusions, the state would commit to preserving evidence and revisiting past cases when science advances or new facts emerge, allowing truth, even when delayed, a chance to come to light.
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