Delaware General Assembly

PWB 5/6/26

Amendment is attached to the legislation and awaits consideration

SS 1 for SB 58 -SA 1

5/6/26

Hoffner

This Amendment to Senate Substitute 1 for Senate Bill No. 58 replaces “application” with “petition,” in order to maintain consistency in how a petition seeking relief under § 4505 of Title 11 is described. In addition, this Amendment 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. Finally, this Amendment 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.

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