Forensic Science

Del. Code tit. 29, ch. 47
in effect

Del. Code tit. 29, § 4701 Division of Forensic Science established; purpose.

The purpose of this chapter is to establish a Division of Forensic Science to provide leadership and coordination in the exercise of forensic sciences. In furtherance of that purpose, there is created the Division of Forensic Science under the supervision and control of the Director of the Division of Forensic Science. The Division of Forensic Science is established and operational within the Department of Safety and Homeland Security. The Division of Forensic Science shall have all the powers, duties, and functions heretofore vested in the Office of the Chief Medical Examiner, its personnel, and the Forensic Science Laboratory. The Office of the Chief Medical Examiner is hereby abolished.

Del. Code tit. 29, § 4701A Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16].

For purposes of this chapter: (1) “Biological sample” means any evidence collected for the purpose of identifying DNA. (2) “Buccal swab” means a swab taken from the inside of an individual’s cheek. (3) “CODIS” means the Federal Bureau of Investigation’s Combined DNA Index System. (4) “Consensual partner elimination standard” means a blood or buccal swab taken from the consensual partner of an individual that is used to determine if the DNA profile obtained from evidence in a SAK was from a consensual partner or a possible perpetrator of a crime. (5) “Deoxyribonucleic acid” or “DNA” means the molecules in all cellular forms that contain genetic information in a patterned chemical structure of each individual. (6) “DFS” means the Division of Forensic Science. (7) “DNA profile” means an analysis utilizing the short tandem repeat analysis of DNA that results in the identification of an individual’s genetic information. (8) “Law-enforcement agency” means any of the following: a. A police department. b. The Department of Correction, including Probation and Parole. (9) “Natural organic reduction” means as defined in § 3101 of Title 16. (10) “NDIS” means the Federal Bureau of Investigation’s National DNA Index System. (11) “Next of kin” means 1 of the following: a. A spouse. b. If no spouse, the decedent’s adult children. c. If no spouse or adult children, the decedent’s parents. d. If no spouse, adult children, or parents of the decedent, the adult sibling of the decedent. e. If no spouse, adult children, parents of the decedent, or adult sibling of the decedent, the person who is legally entitled to claim the decedent’s remains for final disposition. (12) “Sexual assault kit” or “SAK” means a sexual assault or rape evidence collection kit. (13) “State DNA Index System” or “SDIS” means the centralized database of DNA identification records for this State.

Del. Code tit. 29, § 4702 Rules and regulations.

The Department of Safety and Homeland Security may adopt and promulgate rules and regulations to carry into effect this chapter.

Del. Code tit. 29, § 4703 Appointment of professional and other personnel.

(a) The Director of the Division of Forensic Science shall appoint, with the approval of the Secretary of the Department of Safety and Homeland Security, a Chief Medical Examiner, who shall be a board-certified pathologist, with preference given to applicants with training and experience in the field of forensic pathology. The Chief Medical Examiner shall serve at the pleasure of the Director of the Division of Forensic Science and shall be subject to removal with or without cause by the Director of the Division of Forensic Science or the Secretary of the Department of Safety and Homeland Security. (b) The Director of the Division of Forensic Science may appoint, with the approval of the Department of Safety and Homeland Security Assistant Medical Examiners who shall be physicians with 2 years or more of training or experience in pathology, necessary numbers of Deputy Medical Examiners who shall be practicing physicians and a toxicologist who shall have a Ph.D. degree in toxicology or pharmacology or a master’s degree in toxicology or pharmacology with a minimum of 3 years of experience in analytical toxicology, at such compensation as shall be determined by the Department of Safety and Homeland Security. The Director of the Division of Forensic Science may also appoint, in accordance with the state merit system regulations, technical, clerical and other personnel, as may be necessary for proper administration of the Division. (c) The Director of the Division of Forensic Science may employ, with the approval of the Department of Safety and Homeland Security, physicians on a contract basis for part-time services, as may be required. Except as otherwise provided, all professional, technical and clerical personnel appointed in accordance with this section are directly responsible to the Director of the Division of Forensic Science and are subject to removal by the Director of the Division of Forensic Science or the Secretary of the Department of Safety and Homeland Security for cause, in accordance with any state merit system regulations applicable to the position. (d) The Director of the Division of Forensic Science or his or her designee may conduct pre-employment drug testing of any contractor or prospective employee accepting a position with the Division, random drug testing of employees, and testing upon reasonable suspicion that an employee is impaired by an illegal drug. The timing, procedures, and specific controlled substances of any drug testing shall be conducted in accordance with policies or regulations adopted by the Division. The Division is further authorized to conduct preemployment criminal background checks of any contractor or prospective employee accepting a position with the Division, and such persons are subject to criminal background checks from time to time while working in or for the Division. (e) The Director of the Division of Forensic Science and Chief Medical Examiner shall be subject to the same Department of Safety and Homeland Security policies and procedures with respect to overtime, vacation and leave time, and compensatory time as other Department of Safety and Homeland Security division directors. The Director of the Division of Forensic Science, Chief Medical Examiner, Assistant Medical Examiners, Deputy Medical Examiners, forensic toxicologists, and forensic chemists shall not be permitted to maintain or engage in employment, or to work as an independent contractor, outside of the Division of Forensic Science without prior written approval of the Secretary. Such prior written approval must be issued for each employer or contract for private outside employment.

Del. Code tit. 29, § 4704 Duties of Medical Examiners.

(a) The Chief Medical Examiner and the assistant medical examiners shall carry out the provisions of this chapter to investigate all deaths throughout the State. (b) The Chief Medical Examiner shall comply with the orders and directions of the Department of Safety and Homeland Security.

Del. Code tit. 29, § 4705 Office and equipment.

The Division of Forensic Science shall be maintained in a suitable place or places which shall be designated by the Secretary of the Department of Safety and Homeland Security. The Department of Safety and Homeland Security shall provide or arrange for proper and necessary equipment for use of the staff of the Division of Forensic Science.

Del. Code tit. 29, § 4706 Investigation of deaths [For application of this section, see 84 Del. Laws, c. 261, § 16].

(a) When an individual dies in this State, as a result of violence, by suicide or by casualty if such occurred not longer than 1 year and 1 day prior to death, while under anesthesia, by abortion or suspected abortion, by poison or suspicion of poison, by overdose death as defined at § 4799A of Title 16 or suddenly when in apparent health or when unattended by a physician or in any prison or penal institution or when in police custody or from a disease resulting from employment including disease related to injury or from an undiagnosed cause which may be related to a disease constituting a threat to public health or in any suspicious or unusual manner or if there is any unclaimed body or a body is to be cremated or subjected to natural organic reduction, it is the duty of the person having knowledge of the death or of the person issuing a permit for cremation or natural organic reduction under § 3159 of Title 16 immediately to notify the Chief Medical Examiner, an Assistant Medical Examiner, or a Deputy Medical Examiner, as the case may be, who in turn shall notify the Attorney General of the known facts concerning the time, place, manner, and circumstances of the death. A person who wilfully neglects or refuses to report the death or who refuses to make available prior medical or other information pertinent to the death investigation or who, without an order from the Division of Forensic Science, wilfully touches, removes, or disturbs the clothing or any article on or near the body shall on conviction be subject to imprisonment for not more than 1 year or pay a fine of not more than $1,000, or both. (b) Immediately upon receipt of such notification, the Medical Examiner shall take charge of the dead body if either the Medical Examiner or the Attorney General shall deem it necessary. The Division of Forensic Science shall promptly notify a relative or close acquaintance of the deceased, if known, of such action. (c) The Medical Examiner shall fully investigate the essential facts concerning the medical causes of death and may take the names and addresses of as many witnesses as may be practicable to obtain and shall reduce such facts as the Medical Examiner may deem necessary to writing and file the same in the Division of Forensic Science. The essential facts concerning the medical causes of death of any person who has died from an overdose death as defined at § 4799A of Title 16 shall be communicated to the Delaware Department of Justice. (d) The Medical Examiner or a duly authorized investigator, in the absence of the next of kin, shall take possession of the personal property found on the deceased and make an exact inventory thereof on the Medical Examiner’s report. If necessary an attending police officer may take temporary possession of such property in behalf of the Medical Examiner or an authorized investigator. (e) The Medical Examiner shall take possession of any object or articles which, in the Medical Examiner’s opinion, may be useful in establishing the identity of the deceased person or the cause of death and deliver them to the Attorney General. The balance of the personal property of the deceased remaining in the possession of the Medical Examiner shall be released to the next of kin of the deceased or the personal representative of the deceased.

Del. Code tit. 29, § 4707 Postmortem examination; autopsy reports.

(a) When the cause of death shall have been established within reasonable medical certainty by a Medical Examiner, the Medical Examiner shall prepare a written report and file it in the Division of Forensic Science within 90 days after an investigation of such death. (b) If, however, in the opinion of the Medical Examiner an autopsy is necessary in the public interest or as shall be requested by the Attorney General, the same shall be performed by the Chief Medical Examiner, an Assistant Medical Examiner or by such other competent pathologists as may be designated by the Chief Medical Examiner. No person who authorizes or performs an autopsy pursuant to this chapter shall be liable in any civil action for damages. (c) A detailed report of the findings written during the progress of the autopsy, related laboratory analysis and the conclusions drawn therefrom shall be filed in the Division of Forensic Science. (d) Promptly upon the conclusion of the postmortem examination, the body of the decedent shall be released to such person as shall be designated by a member of the decedent’s immediate family, preferably the next of kin or by an appropriate representative of the decedent’s estate. (e) Upon written request the next of kin of the deceased shall receive a copy of the postmortem examination report, the autopsy report and the laboratory reports, unless there shall be a criminal prosecution pending in which case no such reports shall be released until the criminal prosecution shall have been finally concluded. The charge for completion of an insurance form for proof of death shall be $5.00.

Del. Code tit. 29, § 4708 Forensic Sciences Laboratory.

The Forensic Sciences Laboratory is established and operational within the Division of Forensic Science. The Director of the Division of Forensic Science functions as the Director of the Forensic Sciences Laboratory.

Del. Code tit. 29, § 4709 Power to administer oaths and issue subpoenas.

The Director of the Division of Forensic Science, the Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners, in the course of investigation of a death, may administer oaths and affirmations and take affidavits and make examinations as to any matter within the jurisdiction of their respective offices, but the Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners may not summon a jury of inquisition. The Chief Medical Examiner, or in the Chief Medical Examiner’s absence, Assistant Medical Examiners or Deputy Medical Examiners, shall have the power to issue subpoenas.

Del. Code tit. 29, § 4710 Records and reports; evidence.

(a) The Chief Medical Examiner is to keep full and complete records of the Division of Forensic Science pertaining to the investigation of deaths and postmortem examinations. Such records shall be properly indexed, giving the name, if known, of every deceased person investigated, the place where the body was found, the date and the cause of death and all other available information relating thereto. The original report of Medical Examiners and the detailed findings of the autopsy and subsequent laboratory examinations, if any, shall be attached to the record of each case. (b) The Chief Medical Examiner shall deliver to the Attorney General copies of all records relating to every death in which, in the judgment of the investigating Medical Examiner, further investigation may be deemed advisable. (c) The Attorney General may obtain from the Division of Forensic Science copies of all records or other information which the Attorney General may deem necessary. (d) The records of the Division of Forensic Science prepared by the Director of the Division of Forensic Science or by anyone under the Director’s direction or supervision or a true copy thereof certified by the Director or the Chief Medical Examiner shall be received as competent evidence in any court in this State of the matters and facts therein contained.

Del. Code tit. 29, § 4711 Disposition of unclaimed body or remains of indigent person [For application of this section, see 84 Del. Laws, c. 261, § 16].

(a) In any case where there is an unclaimed body or there are remains of indigent persons and it is incumbent on the State or any political subdivision thereof to bury such person found dead, the Chief Medical Examiner or a duly authorized representative shall notify the Division of Social Services of the Department of Health and Social Services to arrange for the burial unless the case falls within the category described in subsection (b) of this section. (b) When there is a written consent of the next of kin or other legally responsible party, the remains of an indigent person may be subjected to natural organic reduction, cremated, or donated for scientific research.

Del. Code tit. 29, § 4712 Authority to provide corneas to eye banks.

(a) Upon request of an approved eye bank on behalf of a patient in need of corneal tissue for a transplant, a Medical Examiner is authorized to provide the cornea under the following conditions: (1) A decedent who may provide a suitable cornea for transplant is under the jurisdiction of the Medical Examiner; (2) An autopsy will be required; (3) No objection by the decedent or next of kin is known by the Medical Examiner prior to the removal of the cornea by a representative of an approved eye bank; and (4) Removal of the cornea for transplant will not interfere with the subsequent course of a postmortem examination or alter the postmortem facial appearance. (b) For the purposes of this section, “approved eye bank” includes the Medical Eye Bank of Delaware and the Eye Foundation of Delaware Valley. (c) The Medical Examiner or an approved eye bank, while acting in compliance with this section, shall not be liable to the next of kin of a decedent, whose corneal tissue is removed and donated pursuant to this section, for any civil damages.

Del. Code tit. 29, § 4713 DNA analysis and data bank.

(a) In any criminal proceeding, DNA testing shall be deemed to be a reliable scientific technique, and the evidence of a DNA profile comparison is admissible under § 3515 of Title 11 to prove or disprove the identity of any person. This section does not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court. The court shall, regardless of the results of the DNA analysis, if any, consider such other relevant evidence of the identity of the person as shall be admissible in evidence. (b) (1) a. The Department of Correction shall take a biological sample for DNA from any person convicted on or after June 16, 1994, and sentenced to a term of confinement, of any offense or attempted offense defined in subchapter II, subpart D or subchapter V of Chapter 5, Title 11 or who is in the custody of the Department of Correction after June 16, 1994, as a result of a conviction for 1 or more of the offenses listed under this paragraph (b)(1) for law-enforcement identification purposes and inclusion in law-enforcement identification databases. b. A person convicted for 1 or more of the offenses listed under this paragraph (b)(1) on or after June 16, 1994, who is not sentenced to a term of confinement shall provide a biological sample as a condition of such sentence at a time and place specified by the sentencing court. (2) a. The Department of Correction shall take a biological sample for DNA from any person convicted after July 1, 2003, and sentenced to a term of confinement, of any offense that is defined and classified as a felony under Title 11 for law-enforcement identification purposes and inclusion in law-enforcement identification databases. b. A person convicted after July 1, 2003, of a felony offense that is defined and classified as a felony under Title 11 and who is not sentenced to a term of confinement shall provide a biological sample as a condition of such sentence at a time and place specified by the sentencing court. (c) (1) Biological samples must be obtained by qualified personnel and packaged and submitted in containers provided or approved by the Division of Forensic Science in accordance with administrative regulations promulgated by the Division of Forensic Science. (2) No civil liability shall attach to any person authorized to obtain a biological sample under this section as a result of obtaining a biological sample from any person, provided the biological sample was obtained according to generally accepted procedures. (d) A person who tampers or attempts to tamper with any biological sample or the container collected under subsection (b) or (c) of this section without lawful authority is guilty of a Class D felony. (e) The Division of Forensic Science shall establish and maintain the State DNA Index System, a centralized database of DNA identification records that is compatible with NDIS policies and procedures. (f) The purpose of SDIS is to assist federal, state, and local criminal justice and law enforcement agencies within and outside this State in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of crimes, including sex-related crimes or violent crimes and the identification of missing and unidentified persons. (g) (1) a. The Division of Forensic Science shall receive, analyze, and classify biological samples in compliance with NDIS policies and procedures and shall record the DNA results in CODIS for identification and statistical purposes. b. The Department of Justice, or a law-enforcement agency authorized by the Department of Justice, must inform DFS if the investigation has determined that no crime occurred in the case connected to a biological sample submitted for analysis and classification under paragraph (g)(1)a. of this section. If notice that no crime occurred is provided under this paragraph (g)(1)b., paragraph (g)(1)a. of this section does not apply to a biological sample connected to that case. (2) DFS must also comply with the requirements under § 4713A of this title when a DNA analysis is of a biological sample from a sexual assault kit. (3) The results of an analysis under this section are confidential, except as specifically provided under this section and under all of the following: a. Section 4713A of this title, b. Section 9405(d) of Title 11. Unless otherwise permitted under the law of this State, information provided to a victim or a victim’s designee under § 9405(d) of Title 11 should not include the name of the individual identified using the DNA profile. (4) DFS shall securely store the results of an analysis. (h) Records produced from biological samples received by DFS, including the results of analysis under subsection (g) of this section, may be used only for law enforcement purposes and are exempt from disclosure under the Freedom of Information Act, Chapter 100 of this title. (i) (1) An individual whose DNA profile has been included in SDIS may petition Superior Court for expungement on the grounds that the conviction on which the authority for including the DNA profile was based has been reversed or the case dismissed. (2) Upon receipt of a certified court order granted under paragraph (i)(1) of this section, the Division of Forensic Science shall expunge all identifiable information in CODIS pertaining to the individual and destroy all biological samples from that individual. (j) The Division of Forensic Science shall promulgate regulations necessary to implement this section, including procedures for the collection of biological samples and SDIS system usage and integrity. (k) (1) Upon completion of the analysis required under this section, the Division of Forensic Science shall upload a notation of the existence of a DNA identification record in the Delaware Criminal Justice Information System (DELJIS) file for the individual. This information must be available to all requesting criminal justice agencies in the same manner and under the same conditions as all other criminal record information maintained by the State Bureau of Identification. (2) If there is a verified association between the DNA profile and an individual, DFS shall provide this information to the Delaware Information Analysis Center (DIAC). ( l ) A person who disseminates, receives, or otherwise uses or attempts to use information in the database, knowing that such dissemination, receipt, or use is for a purpose other than authorized by law, is guilty of a Class A misdemeanor. (m) (1) a. DFS and law-enforcement agencies may not destroy or dispose of biological samples from an unsolved sexual assault case until 20 years after the collection of the evidence of the crime. b. Notwithstanding paragraph (m)(1)a. of this section, if the victim was under 18 years of age at the time of the alleged offense, biological samples from an unsolved sexual assault case may not be destroyed or disposed before the victim is 40 years of age. (2) Before destroying or disposing of a biological sample from an unsolved sexual assault case under § 2311 of Title 11, DFS and law-enforcement agencies must comply with the requirements under § 9405(e) of Title 11.

Del. Code tit. 29, § 4713A DNA analysis, sexual assault kit testing.

(a) (1) A law-enforcement agency shall submit a SAK to the DFS laboratory no more than 30 days after the law-enforcement agency contacts DFS to discuss the evidence the law-enforcement agency has collected and what will be submitted for DNA analysis. (2) If available, a law-enforcement agency shall submit a suspect standard or consensual partner elimination standard to the DFS laboratory with the SAK, or as soon as possible after submitting the SAK. (3) A law-enforcement agency shall submit additional evidence items associated with a victim, suspect, or crime scene to the DFS laboratory with the SAK, or as soon as possible after submitting the SAK. (b) (1) The DFS laboratory shall conduct DNA analysis of sexual assault kits submitted by law-enforcement agencies under § 4713(g)(1) of this title. (2) The DFS laboratory shall complete the DNA analysis under paragraph (b)(1) of this section no more than 90 days after receipt. (3) Each year, the average amount of time between when the DFS laboratory receives a SAK and when the complete DNA analysis and classification required under this section is completed must not exceed 90 days. (c) (1) After completing the DNA analysis and classification, the Division of Forensic Science shall update the investigating law-enforcement agency on testing dates and outcomes of the evidence submitted under this section. (2) The investigating law-enforcement agency shall update the Law Enforcement Investigative Support System with the evidence testing dates and upload the status and results received under paragraph (b)(2) of this section. (d) (1) If a DNA profile is not eligible for NDIS under § 4713(g)(1) of this title due to inferior quality but the DNA profile has enough alleles present for inclusion within the SDIS, the DFS shall retain the DNA profile as a forensic sample for statewide comparison. (2) If the Division of Forensic Science is unable to obtain an autosomal CODIS-eligible DNA profile, the investigating law-enforcement agency and the Department of Justice, in consultation with the DFS laboratory, must evaluate the case and determine if any other DNA-typing results could be used for investigative purposes. (e) If the Division of Forensic Science is unable to meet the deadlines required under this section, the testing and analysis of untested sexual assault kits must be conducted by a federal or accredited, private crime laboratory, at the State’s expense. (f) The failure to comply with a time requirement under this section does not provide a basis for any of the following: (1) Grounds to challenge the validity of DNA evidence or the lack of DNA evidence in any criminal or civil proceeding. (2) For a court to exclude any evidence generated from a SAK. (3) For an individual who is accused or convicted of committing a crime to request that the individual’s case be dismissed or conviction be set aside. (4) A claim for damages against a government employee, official, or entity.

Del. Code tit. 29, § 4714 Commission on Forensic Science.

(a) The Commission on Forensic Science, hereinafter in this chapter referred to as the “Commission”, is hereby established. The Commission shall provide oversight and guidance to foster professionalism within, and the development and growth of, the Division of Forensic Science. The Commission shall consist of 10 members. The Commissioners shall be the Secretary of the Department of Health and Social Service, the Secretary of the Department of Safety and Homeland Security, the Attorney General, or the Attorney General’s designee, the Chief Defender or the Chief Defender’s designee, a member of the Delaware State Senate appointed by the President Pro Tempore, a member of the Delaware House of Representatives appointed by the Speaker, a member appointed by the Delaware Police Chiefs Council, a member of the Delaware State Troopers Association or the Fraternal Order of Police with formal training in forensic science appointed by the Secretary of the Department of Safety and Homeland Security with the concurrence of the Governor, and 2 members, appointed by the Governor, who have expertise in forensic science. (b) For administrative and budgetary purposes, the Commission will be placed within the Department of Safety and Homeland Security, Office of the Secretary. (c) The Director of the Division of Forensic Science shall create an audit process to include evidence accountability, requisite certifications, and security. The Director of the Division of Forensic Science shall file a report on this audit to the Commission and Governor once a year. (d) The Commission shall undertake the following tasks: (1) Evaluate and monitor the needs of the Division to ensure that it is able to provide accurate, timely, and responsive forensic sciences services to all members of the criminal justice community; (2) Evaluate and monitor the needs of the Division as may help preserve the independence of judgment and the integrity of all scientific undertakings by the Division and its personnel; (3) Evaluate and monitor the human resources needs and the personnel and hiring practices of the Division; (4) Receive and consider input from all stakeholders in the criminal justice community, including, without limitation, prosecutors, defense attorneys, the courts, law enforcement, victims’ advocates, the Domestic Violence Coordinating Council, the Maternal and Child Death Review Commission, the Child Protection Accountability Commission, and other interested persons or parties; (5) Evaluate and monitor the quality assurance structure and processes, including chain of custody practices for drug evidence; (6) Evaluate and monitor professional competency and accreditation requirements and staff management policies; (7) Review and comment upon all rules and regulations promulgated pursuant to § 4702 of this title; and (8) Suggest and support the implementation of improvements to the operations of the Division or its communications and cooperation with other agencies of state and local government.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c047/index.htmlFetched: 10/4/2026