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DE SB57
Bill
Status
5/14/2025
Primary Sponsor
Kyra Hoffner
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AI Summary
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Removes the 3-year time limit for convicted persons to request postconviction forensic DNA testing, allowing motions to be filed at any time
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Eliminates the restriction preventing DNA testing requests while direct appellate review is available
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Expands eligibility to include persons who entered guilty pleas and allows testing of previously tested evidence if additional testing could produce more probative results
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Changes the standard for granting a new trial from "clear and convincing evidence that no reasonable trier of fact would have convicted" to a "reasonable probability" of a different outcome had the DNA evidence been presented
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Requires courts to grant DNA testing motions when statutory criteria are met, rather than leaving approval to judicial discretion
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To Postconviction Remedy.
Last Action
Assigned to Finance Committee in Senate
6/9/2025