Bill Text: DE SJR21 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: Directing The Department Of Safety And Homeland Security To Study The Feasibility Of The Automatic Storage Of Biological Evidence.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Enrolled) 2026-06-25 - Passed By House. Votes: 36 YES 1 NO 4 ABSENT [SJR21 Detail]
Download: Delaware-2025-SJR21-Draft.html
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SPONSOR: |
Sen. Hoffner & Rep. Bush |
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE JOINT RESOLUTION NO. 21
DIRECTING THE DEPARTMENT OF SAFETY AND HOMELAND SECURITY TO STUDY THE FEASIBILITY OF THE AUTOMATIC STORAGE OF BIOLOGICAL EVIDENCE.
WHEREAS, today, DNA can provide some of the best evidence of guilt or innocence, making it important to preserve and retain evidence from crime scenes; and
WHEREAS, properly preserving biological evidence is the key to prosecuting criminal cases, solving cold cases, and exonerating the innocent; and
WHEREAS, since 1989, more than 630 wrongfully convicted people have been exonerated through DNA evidence, including 38 people facing the death penalty; and
WHEREAS, Senate Bill No. 214 of this legislative session sought to create a requirement for the automatic preservation of all biological evidence secured in relation to an investigation or prosecution of a crime for as long as the crime remains unsolved, or the period of time that a person convicted of the crime remains in custody; and
WHEREAS, outstanding questions remain over the practical implementation of the provisions of Senate Bill No. 214; and
WHEREAS, it is critical that the State of Delaware has a policy to ensure the preservation of biological evidence.
NOW THEREFORE:
BE IT RESOLVED by the Senate and House of Representatives of the 153 rd General Assembly of the State of Delaware, with the approval of the Governor, that the Department of Safety and Homeland Security shall conduct a study of the feasibility of the State preserving biological evidence secured in relation to an investigation or prosecution of a crime for a crime that remains unsolved, or the period of time that a person convicted of the crime remains in custody.
BE IT FURTHER RESOLVED that the Department of Safety and Homeland Security shall submit a report detailing the findings of the study.
BE IT FURTHER RESOLVED that the report must include the following:
(1) A review of best practices for storing biological evidence in different storage conditions.
(2) An evaluation of best practices for storing biological evidence, considering practical constraints, fiscal impacts, and other factors.
(3) An estimate of the total number of pieces of biological evidence that would be stored under the provisions of Senate Bill No. 214 of the 153 rd General Assembly.
(4) A review of notification procedures related to the storage of biological evidence.
(5) Recommendations for the creation of an automatic storage statute for biological evidence.
BE IT FURTHER RESOLVED that the total cost of the study and report must not exceed $15,000.
BE IT FURTHER RESOLVED that the Department of Safety and Homeland Security shall submit copies of the report to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative services not later than November 2, 2026.
SYNOPSIS
This Senate Joint Resolution directs the Department of Safety and Homeland Security to study the feasibility of the automatic storage of biological evidence.
Author: Senator Hoffner
