DE SB58

Creates a new postconviction remedy allowing convicted persons to petition Superior Court for relief when forensic scientific evidence was unavailable at trial or when new scientific knowledge undermines forensic evidence used to obtain their conviction

Eligible petitioners include those currently incarcerated, on parole/probation, on the sex offender registry, or who have completed their sentences, regardless of whether they pleaded guilty, not guilty, or nolo contendere

Court must hold a hearing within 90 days of petition filing; if petitioner makes a prima facie showing, the court grants discovery on forensic evidence and related criminal investigation materials

Relief requires the court to find that the new forensic evidence was not ascertainable through reasonable diligence and that there is a reasonable likelihood the outcome would have been different had the evidence been presented at trial

If the court determines the petitioner meets all requirements, it must vacate the conviction and grant a new trial; dismissed petitions may be appealed within 30 days