Delaware Senate Bill 169
Session 152
An Act To Amend Title 10 Of The Delaware Code Relating To Wrongful Conviction Compensation And Services.
Active
Passed Senate on Jun 30, 2024
Sponsors
27 Sponsors
Kyra L. Hoffner
William Bush
S. Elizabeth Lockman
Darius J. Brown
Franklin D. Cooke
Kendra Johnson
Sean Matthews
Stell Parker Selby
Russell Huxtable
Valerie Longhurst
Spiros Mantzavinos
Sarah McBride
Trey Paradee
Brian Pettyjohn
Marie Pinkney
Nicole Poore
Bryant L. Richardson
David P. Sokola
Laura V. Sturgeon
Bryan Townsend
John "Jack" Walsh
David L. Wilson
Paul S. Baumbach
Richard G. Collins
Kerri Evelyn Harris
Eric Morrison
Lyndon D. Yearick
First Action
May 20, 2024
Latest Action
Jun 30, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
169
State
Delaware
Session
152
Kerri Evelyn Harris
grade
Primary
Kyra L. Hoffner
grade
Primary
Russell Huxtable
grade
Primary
Stell Parker Selby
grade
Primary
Motion Text
SM
Senate Roll Call Votes
Eric Buckson
Yes
Kyra L. Hoffner
Yes
Yes
Russell Huxtable
Yes
Yes
Summary
This Act creates the Delaware Wrongful Conviction Compensation and Service Act. The Act provides compensation and reintegration services to individuals who have served sentences of incarceration, wrongful incarceration in a psychiatric institution, 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 is entitled to emergency assistance and services.
Senate Substitute 3 for SB 169 differs from SS 2 for SB 169 in that it provides that a petitioner who served time in a psychiatric institution is eligible to apply for relief.
Senate Substitute 3 for SB 169 also provides that in all cases, in order to be compensated, a petitioner must establish by a preponderance of the evidence that the petitioner did not commit the crime that resulted in the conviction or that there was no crime committed. This provision differs from Senate Substitute 2, which required this showing only for a petitioner who entered a Robinson plea or entered a plea of no contest.
In addition, Senate Substitute 3 for SB 169 provides that persons who were pardoned are not eligible for post-release services under the Act.
Finally, Senate Substitute 3 for SB 169 provides that any award under the Act must be offset by any amounts the petitioner has recovered in a civil action or settlement of a civil action for wrongful conviction or imprisonment. If, after receiving an award under the Act, a petitioner subsequently recovers in such a civil action or settlement, the petitioner must reimburse the State to the extent of the amounts awarded in the civil action or settlement of the civil action.
Bill Text
Sort by most recent
06/30/2024
Senate
Passed By Senate. Votes: 21 YES
06/30/2024
Senate
Suspension of Rules in Senate
06/30/2024
House
Passed By House. Votes: 39 YES 2 ABSENT
06/30/2024
House
Amendment HA 1 to SS 3 - Passed In House by Voice Vote
06/30/2024
Senate
Amendment HA 1 to SS 3 - Introduced and Placed With Bill
06/20/2024
House
Reported Out of Committee (Judiciary) in House with 5 Favorable, 1 On Its Merits
06/12/2024
Senate
Not Worked in Committee
06/06/2024
House
Assigned to Judiciary Committee in House
05/23/2024
Senate
Passed By Senate. Votes: 20 YES 1 ABSENT
05/20/2024
Senate
was introduced and adopted in lieu of SB 169
Sources
Open States
Record Created
Jun 9, 2023 1:42:56 AM
Record Updated
Jul 21, 2024 12:00:53 AM