Delaware General Assembly

Out of Committee 4/17/24

Reported from Committee; to list ready for consideration (Ready List)

SB 169

3/28/24

Hoffner

Reps. Lynn, Bush, Dorsey Walker

Sen. Lockman, Paradee, Pinkney, Sokola, Sturgeon, Townsend
Reps. Baumbach, Bolden, Griffith, K. Johnson, Parker Selby, Wilson-Anton

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

This bill creates the Delaware Wrongful Conviction Compensation and Service Act. The Act provides compensation and reintegration services to individuals who have served sentences of incarceration, parole, probation, and sex offender registration in the State for crimes that they did not commit. An individual claiming wrongful conviction or, if deceased, that individual's heirs, may bring a petition for compensation in Delaware Superior Court. A petitioner who makes the required showing is entitled to damages based on the type and period of wrongful incarceration, probation, parole, or registration, and other amounts, such as reasonable attorney fees in obtaining relief, subject to requirements of proof. However, a petitioner is not entitled to such compensation if the Department of Justice establishes that the petitioner was an accomplice in the commission of the crime or that the petitioner intentionally and voluntarily caused the conviction at issue by committing perjury or fabricating evidence at trial in order to prevent the conviction of the true perpetrator. In addition, an individual released from incarceration as the result of the reversal, overturning, or vacation of a conviction, or a pardon granted, is entitled to emergency assistance and services.

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Takes effect upon being signed into law

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