Sen. Kyra Hoffner

This Act provides a remedy for convicted persons relating to changes in forensic scientific or technical information. Specifically, a convicted person may apply to the Superior Court for relief if certain forensic scientific information was not available to be offered by the convicted person prior to the conviction or if it undermines forensic scientific evidence that was presented at trial. The court must grant relief if (1) the convicted person files an application asserting that the relevant forensic evidence is currently available and was not ascertainable through the exercise of reasonable diligence by the convicted person before or during trial or before the date of entry of a plea, (2) the application is accompanied by an affidavit from a forensic expert that satisfies certain requirements, and (3) the court determines that, had the evidence been presented at a trial, there is a reasonable likelihood that the result at trial would have been different or that the convicted person would not have been convicted. Once a petition for relief is filed, the Superior Court shall set a hearing on the petition, not later than 180 days after the petition was filed, and notify the petitioner and the Department of Justice. The Department of Justice may file a response to the petition within 90 days after its filing. After the hearing, if the court determines that the petitioner has failed to make a prima facie showing that the petitioner is entitled to relief, the court will dismiss the petition in a written opinion. However, if the court determines that the petitioner has made a prima facie showing that the petitioner is entitled to relief, the court may grant the petitioner discovery on matters relating to the forensic evidence used to obtain the conviction or sentence at issue and hold another hearing to determine whether there is a reasonable likelihood that, had the new evidence been presented at a trial, the convicted person would not have been convicted. If so, the court shall grant such relief as the court deems appropriate, which may include vacating the petitioner's conviction. For purposes of the Act, "convicted person" means a person who has received a verdict of guilty by the trier of fact, entered a plea of guilty or a plea of nolo contendere that was accepted by the court, or received a verdict of not guilty by reason of insanity. Like Senate Substitute No. 1 for Senate Bill No. 58, Senate Substitute No. 3 differs from Senate Bill No. 58 in that (i) it clarifies that relevant forensic scientific evidence that may provide a basis for relief is not limited to evidence presented at trial, but rather includes evidence that was presented before trial, at trial, or before the date of entry of a plea; and (ii) it clarifies that the court must grant relief if the relevant criteria are satisfied. Like Senate Substitute No. 2 for Senate Bill No. 58, Senate Substitute No. 3 differs from Senate Bill No. 58 in the following ways: • It replaces "application" with "petition," in order to maintain consistency in how a petition seeking relief under § 4505 of Title 11 is described. • It gives the court discretion to take certain actions if it finds that a petitioner has made a prima facie showing of the requirements for relief under § 4505 of Title 11. Under Senate Bill No. 58, the court would have been required to take certain actions. • It provides that if a petitioner has established entitlement to relief under § 4505 of Title 11, the court shall grant such relief as it deems appropriate, which may include vacating the petitioner's conviction. Under Senate Bill No. 58, the court would have been required to vacate the petitioner's conviction and grant the petitioner's motion for a new trial. In addition, Senate Substitute No. 3 differs from Senate Bill No. 58 in that it requires the application to be accompanied by an affidavit from a forensic expert and that it permits the Superior Court to hear a claim for relief later than 180 days after the petition if there is good cause for an extension.

This Act is a substitute for Senate Bill No. 67. It differs from the original bill by changing the period of time that a criminal history report obtained by the Background Check Center is valid for 1 year, instead of 3 years. The 1-year period of time is now applicable to both applicants of long-term care facilities as well as home-care agencies. This Act also removes the requirement that a current employee of a long-term care facility or home-care agency would need to get another criminal background check if they seek a promotion with their current employer. Because this Act codifies the time frame in which a criminal background check is required, this Act removes the administrative discretion previously provided to the Department of Health and Social Services to determine the frequency in which fingerprints must be obtained.

This Act adds clarity to distinguishing between legal hemp and hemp-derived cannabinoid products (HDCPs) and marijuana and controlled substances and provides clearer guidelines on acceptable tests for determining the difference to eliminate uncertainty for businesses, consumers, and law enforcement.

This Act amends Chapter 40 of Title 7 of the Delaware Code to revise and clarify provisions relating to sediment and stormwater management. The Act updates the chapter title to reflect the full scope and purpose of the law; removes outdated and redundant language and standardizes terminology for consistency with current program practices and applicable regulations; adds and revises definitions to improve clarity and alignment with existing regulations; removes certain provisions related to designated watersheds and special management areas that are no longer necessary due to updated regulatory requirements and local code provisions; reorganizes and consolidates multiple sections to improve readability and administrative clarity, including provisions related standard plans; removes outdated provisions related to interim program requirements and program establishment; revises provisions related to the Regulatory Advisory Committee by specifying representation to ensure a balanced and manageable body; updates requirements related to plan approval, certification, construction review, and maintenance reviews; revises the public notification process for regulatory guidance documents and removes reference to inapplicable statutory reference and expanding notification methods; removes overly detailed provisions that are addressed in regulation; clarifies enforcement authorities, including the types of violations that may trigger Department action, and increases penalty amounts to align with those set forth in Chapter 60 of Title 7. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act establishes comprehensive protections and reasonable accommodations for pregnant and parenting students in all Delaware schools receiving state approval and financial assistance. This Act provides the following protections: 1. Mandatory excused absences: Schools must excuse absences for labor, delivery, prenatal and postnatal appointments, and up to 5 days for pregnancy related illness. It also mandates 6 weeks of excused leave following childbirth. It provides coverage for absences related to a child’s illness or legal proceedings involving the child. 2. Physical and environmental accommodations: The Act requires school to provide private and secure lactation rooms as well as physical modifications to learning environments like increased desk sizes, access to elevators or modified transportation schedules. 3. Academic flexibilities: Students are entitled to schedule modifications, including altered course sequences, remote learning options, extensions of time, or rescheduling of examinations. 4. Academic protections: A student may not incur an academic penalty for utilizing these accommodations. Following an absence, the school must allow the student to make up work in a timeframe at least equal to the duration of the absence and the same options make up the work that are provided to other students with standard illnesses 5. Documentation and privacy: Schools are generally prohibited from requiring medical documentation to excuse absences or grant accommodations except where explicitly noted.

Kratom is an herb derived from a leafy Southeast Asia tree, known formally as Mitragyna speciosa. Kratom contains two psychoactive compounds, mitragynine and 7-hydroximitragynine. Both compounds can bind to opioid receptors in the brain and produce a pharmacological response similar to the effects of other opioids, such as morphine, and can lead to addiction. An estimated 11 to 15 million Americans consume Kratom regularly. According to a 2025 study by the Legislative Analysis and Public Policy Association, 24 states and the District of Columbia regulate kratom or its components in some manner. In six states (Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin) and the District of Columbia, kratom’s psychoactive components are considered controlled substances. In 18 states, the possession, sale, manufacture, etc. of kratom products is regulated. A Center for Disease Control analysis found that kratom was implicated in 846 fatal overdose cases across 30 states and the District of Columbia in 2022. Other reports suggest over 2,000 fatal overdoses have been linked to kratom since 2021. This Act amends Delaware’s Uniform Controlled Substances Act. The Act defines “Kratom” and “Kratom Products”. The Act makes it unlawful to manufacture, distribute, sell, offer to sell, or possess with intent to sell a Kratom Product. This Substitute differs from the original bill in that it fits kratom into the Uniform Controlled Substances Act by specifying tier quantities for drug offenses that result in the classification of the charge under the existing criminal framework. It moves to the definition of "kratom products" any product that contains the active ingredients of kratom, regardless of whether the product is represented, labeled, or marketed as “kratom” or not. It removes criminal charges for simple possession by an individual, and it clarifies that manufacturing, selling, or delivery of kratom or similar products is subject to criminal charges under this chapter.

This Concurrent Resolution designates March 26, 2026, as "Epilepsy Awareness Day" in the State of Delaware and calls upon State agencies and the people of Delaware to undertake suitable efforts to increase epilepsy awareness.

This Act is a substitute for and differs from Senate Bill No. 35 by making the following substantive changes from the original bill: 1. Establishes and provides additional clarity to the definition of “qualified farm structure” to include buildings such as poultry houses, barns, sheds, silos, commodity storage facilities, greenhouse and packing or cooling facilities. To qualify, these structures must be located on land devoted to agricultural, horticultural, or forest land, as already defined in this chapter. Notably, this definition excludes any dwelling units used as residences and any buildings that are used for commercial, industrial, or non-farm businesses. 2. Removes Sections 3 through 6 of Senate Bill No. 35 as unnecessary due to the new definition of “qualified farm structure.” 3. Includes the new definition of “qualified farm structure” to clarify that qualified farm structures are eligible for valuation within this chapter. 4. Establishes that qualified farm structures are to be valued using a cost approach method, with only 50% of the fair market value of these structures subject to tax. This reduced rate excludes any residential dwellings or structures used for commercial, industrial, or other non-farm business purposes. 5. Eliminates references to any proposed changes to § 8337 pertaining to the State Farmland Evaluation Advisory Committee that were originally considered in Senate Bill No. 35. This substitute also makes technical corrections to conform to the standards set by the Delaware Legislative Drafting Manual. Agriculture is currently the leading industry in Delaware but as housing and other development occurs less farmland becomes available. For farmers in general, but in particular the small and medium sized farm owners, the real estate taxes imposed on their farm structures impose a significant financial impact and adversely affects their ability to survive. At least eighteen other states have recognized this problem and have through legislation provided real estate tax relief for qualified farm structures.

Maddy summarySCR 141 is a symbolic resolution designating February 2026 as "Turner Syndrome Awareness Month" in Delaware. It does not create new laws or policies but formally recognizes the need for greater public awareness about Turner Syndrome, a genetic condition affecting individuals assigned female at birth. The resolution directly affects Delaware residents, particularly those living with Turner Syndrome and their families, by encouraging community education and support initiatives during that month. This procedural resolution was introduced and passed unanimously by the Delaware Senate on January 29, 2026.

This resolution affirms that members of the General Assembly are committed to civility in public discourse and that they will lead by example to actively cultivate a political culture in Delaware where collaboration, respect, and productive discourse can thrive.