2021 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 35. Witnesses and Evidence
Subchapter I. General Provisions
§ 3515. Admissibility of DNA profiles.
(a) Definitions. — In this section the following words have the meanings indicated.
(1) “Deoxyribonucleic acid (DNA)” means the molecules in all cellular forms that contain genetic information in a patterned chemical structure of each individual.
(2) “DNA profile” means an analysis that utilizes the restriction fragment length polymorphism analysis of DNA resulting in the identification of an individual's patterned chemical structure of genetic information.
(b) Purposes. — In any criminal proceeding, the evidence of a DNA profile is admissible to prove or disprove the identity of any person, if the party seeking to introduce the evidence of a DNA profile:
(1) Notifies in writing the other party or parties by mail at least 45 days before any criminal proceeding; and
(2) Provides, if requested in writing, the other party or parties at least 30 days before any criminal proceeding with:
a. Duplicates of the actual autoradiographs generated;
b. The laboratory protocols and procedures;
c. The identification of each probe utilized;
d. A statement describing the methodology of measuring fragment size and match criteria; and
e. A statement setting forth the allele frequency and genotype data for the appropriate database utilized.
(c) Prerequisites. — If a party is unable to provide the information required under subsection (b) of this section at least 30 days prior to the criminal proceeding, the court may grant a continuance to permit such timely disclosures as justice may require.
69 Del. Laws, c. 249, § 2;
