Delaware Lawmakers Introduce Bills to Reform Post-Conviction Policies
March 4, 2025
Legislation seeks to expand access to DNA testing and challenge convictions based on discredited forensic science.
DOVER, Del. — Two new bills introduced in the Delaware Senate aim to modernize the state’s post-conviction policies, offering new legal avenues for individuals who may have been wrongfully convicted. Sponsored by Sen. Kyra Hoffner (D-14th) and backed by the Innocence Project Delaware, the legislation seeks to remove legal barriers that have kept innocent individuals behind bars.
Senate Bill 57 would update Delaware’s post-conviction DNA testing law, eliminating time restrictions and ensuring that those convicted before the widespread adoption of DNA evidence can request testing. Delaware is one of only seven states that has yet to update its statutes to reflect advancements in forensic science.
Senate Bill 58 would create a formal process for individuals to challenge their convictions when forensic evidence used in their cases has been discredited or when new scientific findings emerge.
“Updating these post-conviction statutes ensures Delawareans will have a fair opportunity to prove their innocence,” Hoffner said. “Wrongful convictions not only deprive innocent individuals of their freedom, but they also undermine public trust in the criminal justice system.”
The push for reform comes as Delaware lags behind other states in exonerations. According to the National Registry of Exonerations, more than 3,600 people have been cleared nationwide since 1989, yet only four cases have been overturned in Delaware. Advocates argue that this disparity is due to restrictive laws preventing access to post-conviction DNA testing and updated forensic reviews.
Elmer Daniels pose for a photo at his attorney office Thursday, March. 05, 2020; in Wilmington, Delaware. Daniels was exonerated for the crime after spending almost 40 years in prison. Photo By Saquan Stimpson
Jessica Auletta, interim co-executive director of the Innocence Project of Delaware, emphasized the need for legislative change. “False or misleading forensic science is one of the leading causes of wrongful convictions. As science continues to evolve, so must our laws,” Auletta said. “These reforms will give wrongfully convicted Delawareans a fair chance to demonstrate their innocence.”
SB 57 would also allow individuals who pleaded guilty to petition for DNA testing, a policy already in place in 45 states and Washington, D.C. Additionally, it would remove outdated technological restrictions and streamline legal review processes to make DNA testing more accessible.
SB 58 would establish a legal pathway for people to challenge convictions based on forensic methods that have since been debunked. Among the forensic techniques that have come under scrutiny are bite mark analysis, hair comparisons, arson investigations, and comparative bullet lead analysis. Advances in DNA testing and forensic science have exposed flaws in these methods, which have contributed to wrongful convictions in the past.
Both bills have been assigned to the Senate Corrections & Public Safety Committee and await consideration.