Delaware General Assembly

Lieu/Substituted 3/28/24

Adopted in Lieu of original; takes status of original

SB 169

1/4/24

Hoffner

Reps. Lynn, Bush, Dorsey Walker

Sen. Huxtable, 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 Act is a substitute for Senate Bill No. 169. Like Senate Bill No. 169, this act does all of the following: 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 a Robinson 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. This Act differs from Senate Bill No. 169 in that it makes technical corrections and reorganizes sections for clarity. It also replaces “Alford” plea with “Robinson” plea to conform with Robinson v. State, 291 A.2d 279 (Del. 1972).

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Takes effect upon being signed into law

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