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DelawareSB 282153rd General Assembly (2024–2026)Senate

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

Sponsored By: Kyra L. Hoffner (Democratic)

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Tighter rules for wrongful conviction compensation

Delaware claimants must prove it is more likely than not that they committed no felony tied to the original crime's events. This replaces the earlier rule about convictions for lesser-included felonies. Existing requirements still include an overturned or vacated conviction and dismissal, acquittal, or a qualifying Robinson or no-contest plea. The plea route requires an innocence claim and entitlement to a new trial. A limited exception for another felony involving a Robinson or no-contest plea requires proof of innocence of that charge. Courts can hold hearings and review trial records and relevant police or investigative reports. Evidence lost over time or destroyed under a valid policy or court order creates no assumption for either side. Granting or denying compensation creates no inference in other proceedings.

Wrongful conviction payments with limits and adjustments

Successful Delaware claimants get set payments for qualifying harm beyond financial losses, with partial years counted proportionally. Base yearly amounts are $100,000 for imprisonment awaiting a death sentence, $75,000 for other imprisonment, and $50,000 for probation, parole, or required sex-offender registration. Beginning July 1, 2025, these rates receive annual cost-of-living adjustments using the prior year's Mid-Atlantic consumer price index for all urban consumers. The Office of Management and Budget publishes rates before July 1, rounding to the nearest $100. Rounded rates become the basis for later adjustments and apply to claims filed from July 1 until the next adjustment. Claimants can also recover proven financial losses, child support owed and related interest arising during imprisonment, and unreimbursed conviction-related costs, fines, fees, surcharges, and restitution. Reasonable reintegration services and physical or mental health care costs between release and the award are also covered. Time serving another, still-valid sentence generally does not qualify for financial-loss or set yearly payments. Exceptions apply when that other sentence would have been longer without the crimes at issue, or for a Robinson or no-contest plea maintaining innocence. The plea exception requires proof that it is more likely than not that the claimant did not commit the other crime, or that no crime occurred. Awards up to $1 million are paid at once. Larger awards pay $1 million at once and the rest in five equal annual installments.

Legal fee help capped for compensation claimants

For successful claimants, Delaware pays reasonable legal fees, costs, and expenses for overturning the conviction and obtaining compensation. Fees use reasonable hours and Delaware market rates when damages are awarded, regardless of when the work occurred. Courts divide fees among lawyers, giving priority to work that overturned or vacated the conviction. The legal award cannot exceed 15% of total statutory damages, and lawyers cannot collect extra fees or costs from claimants. Legal awards up to $300,000 are paid at once; larger awards pay $300,000 at once and the excess in annual installments of no more than $300,000.

New oversight for wrongful conviction payments

Delaware's Office of Management and Budget now manages the compensation fund within its legal services appropriation, replacing the State Treasurer. Unspent money stays in the fund at year-end, and the office pays awards as the Superior Court orders. The office must alert the General Assembly and Controller General when it expects insufficient funds within 60 days. Its process must identify the expected shortage date, pending claims' payment order, and payment priorities when more money arrives. Quarterly reports to the Joint Finance Committee and Controller General cover new and ongoing payments, awards or settlements awaiting payment, denied claims and reasons, and known pending claims' numbers and amounts. The law specifies no new funding amount.

Sponsors & Cosponsors

Sponsor

  • Kyra L. Hoffner

    Democratic • Senate

Cosponsors

  • William Bush

    Democratic • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. SS 1 for SB 282 - Signed by Governor

    5/21/2026Governor

  2. SS 1 for SB 282 - Passed By House. Votes: 31 YES 10 ABSENT

    5/19/2026House

  3. SS 1 for SB 282 - Reported Out of Committee (Judiciary) in House with 9 On Its Merits

    5/13/2026House

  4. SS 1 for SB 282 - Assigned to Judiciary Committee in House

    4/30/2026House

  5. SS 1 for SB 282 - Passed By Senate. Votes: 19 YES 1 NO 1 ABSENT

    4/23/2026Senate

  6. Substituted in Senate by SS 1 for SB 282

    4/22/2026Senate

  7. Reported Out of Committee (Executive) in Senate with 7 On Its Merits

    4/22/2026Senate

  8. Introduced and Assigned to Executive Committee in Senate

    4/16/2026Senate

Bill Text

  • Current

    4/16/2026

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