Delaware General Assembly

Lieu/Substituted 1/4/24

Adopted in Lieu of original; takes status of original

SS 2 for SB 169

6/8/23

Hoffner

Reps. Lynn, Bush

Sen. Townsend
Reps. Baumbach, K. Johnson

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL CONVICTION COMPENSATION AND SERVICES.

This Act creates a process for compensating individuals who have been wrongfully convicted in the State. To obtain compensation, a petitioner must show (i) that the petitioner was pardoned, or, after the conviction was overturned, the charges were dismissed or the petitioner was acquitted on retrial; or (ii) that the petitioner entered an Alford plea after the conviction was overturned and that the petitioner was innocent of the crimes for which the petitioner was convicted. The prosecuting agency can prevent compensation by showing that petitioners were accomplices to the crimes at issue, or that petitioners intentionally “took the fall” for the true perpetrators. Successful petitioners are awarded damages based on the amount of time they served sentences of incarceration, parole, or registration on the sex offender registry solely as a result of the wrongful convictions, as well as reimbursement of fines, fees, and costs related to the wrongful conviction. The Act also provides an emergency stipend and post-release services for individuals who are released from incarceration and who receive pardons or whose convictions are overturned, vacated, or reversed.

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Takes effect upon being signed into law

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