Administering Entity
Delaware State Police State Bureau of Identification (SBI)
No program or law found.
Arrestees: No. Not Booking Station Rapid Ready.
Convicted Offender: Yes
Qualifying Crimes: Two windows: (i) persons convicted on or after June 16, 1994, and sentenced to confinement, for any offense or attempt defined in subchapter II, subpart D, or subchapter V of Chapter 5, Title 11 (felonies, sexual offenses, and offenses relating to children and vulnerable adults); and (ii) persons convicted after July 1, 2003, and sentenced to confinement, for any offense classified as a felony under Title 11.
Time of Collection: Collected at sentencing; if the person is not sentenced to confinement, at a time and place set by the sentencing court. (See statutory language, the “Division of Forensic Sciences shall promulgate collection rules.”)
Expungement: Two steps: (1) petition a court on the ground that the conviction was reversed or the case dismissed; (2) the Division of Forensic Science must destroy the sample on receipt of a certified court order.
Statutes / Case Law
29 Del.C. § 4713. DNA analysis and data bank
Legislative History
- HB 318 (137th GA) — enacted as 69 Del. Laws, c. 249, approved June 16, 1994. Created Delaware’s forensic DNA program, adding § 4713 to Title 29. Made DNA testing/profile comparisons admissible in criminal proceedings, required blood samples from those convicted of sex offenses/violent crimes (Title 11, Subch. II Subpt. D and Subch. V), established the offender database under the Chief Medical Examiner’s Forensic Sciences Laboratory, set confidentiality protections and FOIA exemption, allowed expungement on reversal of conviction, and criminalized unauthorized database use. Also added § 3515 to Title 11 governing DNA evidence admissibility and notice requirements.
- HB 4 (141st GA) — enacted as 73 Del. Laws, c. 387, approved July 9, 2002. Expanded DNA collection to any person convicted of any Title 11 felony (new § 4713(b)(2)), contingent on appropriation of funding.
- HB 175 (142nd GA) — enacted as 74 Del. Laws, c. 223, approved April 12, 2004. Comprehensive rewrite of § 4713: replaced “blood sample” with “biological sample” throughout; added subsection (m) defining “biological sample” as a blood sample or buccal swab; updated collection/administrative provisions.
- HB 413 (142nd GA) — enacted as 74 Del. Laws, c. 344, approved July 12, 2004. Amended § 4713(b)(2), replacing “the effective date of this act” with “July 1, 2003.”
- HB 11 (147th GA) — enacted as 79 Del. Laws, c. 8, approved March 28, 2013. Amended § 4713(c) personnel qualifications, removing “medical” from “other qualified medical personnel,” broadening who may collect samples.
- SB 241 (147th GA) — enacted as 79 Del. Laws, c. 265, approved June 24, 2014. Abolished the Office of the Chief Medical Examiner as an independent agency and created the Division of Forensic Science within the Department of Safety and Homeland Security; replaced all § 4713 references to “Chief Medical Examiner”/”Forensic Sciences Laboratory” with “Division of Forensic Science”/”Director of the Division of Forensic Science”; created the Commission on Forensic Science. DNA collection requirements unchanged.
- HB 190 (148th GA) — enacted as 80 Del. Laws, c. 353, approved August 3, 2016. Amended § 4713(m), redefining “biological sample” from “a blood sample or a buccal swab” to “any evidence collected for the purpose of identifying DNA.”
- SB 139 (153rd GA) — enacted as 85 Del. Laws, c. 143, approved August 20, 2025. Most recent comprehensive overhaul: created § 4701A consolidating DNA-related definitions; reorganized § 4713; created § 4713A setting mandatory SAK testing timelines (30-day submission by law enforcement, 90-day analysis by DFS); added 20-year biological evidence retention for unsolved sexual assault cases (or until victim turns 40 if a minor at the time); expanded victim rights on DNA testing status/match notifications; required DFS to share verified matches with DIAC; harmonized cross-references across Titles 11 and 29
No program or law found.
- New Castle County has a Rapid DNA program with a local database. It is not a laboratory-based program.
No Delaware statute regulates forensic genetic genealogy. Law enforcement use FGG on case-by-case basis.
Partnership between Kent County on Yvonne Hollister and DDFS and Othram.
No program or law found.
No program or law found.