An Act To Amend Title 11 And Title 29 Of The Delaware Code Relating To Biological Evidence.
Impact
The legislation mandates that biological samples from unsolved sexual assault cases cannot be destroyed until at least 20 years after their collection, particularly for adults, and until the victim reaches 40 years of age if they were under 18 at the time of the offense. The bill also outlines the obligations of law enforcement agencies to ensure timely submission of SAKs to the Division of Forensic Science and establishes clear timelines for DNA analysis. These measures bolster protections for victims and aid law enforcement in efficiently processing evidence.
Summary
Senate Bill 139 aims to enhance the rights of victims of sexual assault in Delaware by amending Title 11 and Title 29 of the Delaware Code. The bill specifically codifies existing policies related to sexual assault kit (SAK) testing and enacts important recommendations from the Victims' Bill of Rights Committee. By ensuring that victims have rights pertaining to the location, status, and preservation of biological evidence, the bill focuses on providing a clearer understanding of the processes involved in DNA evidence collection and analysis.
Sentiment
Overall, the sentiment around SB139 appears to be positive, with support from various advocacy groups and legal stakeholders emphasizing the importance of victim rights. Proponents argue that this bill provides crucial legal protections that may foster trust in the justice system among survivors of sexual assault. While some concerns may remain regarding the implementation of these measures, the legislative intent to prioritize victim protection is widely seen as a step in the right direction.
Contention
Despite the support, there is notable contention regarding resource allocation and the capacity of the Division of Forensic Science to meet the demands imposed by these new requirements. Questions have been raised about the potential backlog in DNA analysis and whether the existing infrastructure can handle the expected increase in submissions under the new law. Additionally, the bill's stipulations regarding the destruction of biological evidence may lead to operational challenges for law enforcement agencies as they navigate compliance with the enhanced requirements.