PRIA Logo™
DelawareSS 1 for SB 282153rd General Assembly (2024–2026)SenateWALLET

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

Sponsored By: Kyra L. Hoffner (Democratic)

Signed by Governor

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Legal fee help with payment limits

Successful wrongful-conviction claimants receive reasonable legal fees, costs, and expenses for overturning their conviction and winning compensation. Fees use reasonable hours and Delaware's market rate for similar work when damages are awarded. The law replaces the prior 15% fee cap, but total attorney fees cannot exceed the claimant's compensation award. Lawyers cannot collect covered fees, costs, or expenses from the claimant beyond the award. Fees up to $300,000 are paid at once. Larger fee awards pay $300,000 at once, then yearly installments of up to $300,000 until paid. When several lawyers handled different stages, the court divides the award fairly, giving priority to work that overturned the conviction.

New proof rules for wrongful convictions

The law took effect upon enactment. Claimants must prove their case is more likely true than not. They must have served incarceration, psychiatric institutionalization, probation, parole, or sex-offender registry time based on an overturned, reversed, or vacated conviction. Afterward, the charge must be dismissed, or the claimant must be acquitted at retrial. A Robinson or no-contest plea also qualifies when entered while maintaining innocence after the conviction was overturned and a new trial was warranted. Claimants must prove they did not commit the original crime, or that no crime occurred. They must also prove they committed no felony from the same event—not simply that they avoided a lesser-included felony conviction. Courts can hold hearings and consider trial evidence, transcripts, and police or investigative reports. Evidence missing because of time, a valid destruction policy, or a court order creates no presumption or inference. Granting or denying compensation cannot support an inference about guilt or innocence in another proceeding.

Wrongful conviction payments and their limits

Successful claimants receive set amounts for harm beyond financial losses, replacing the former minimum-payment language. The base rates are $100,000 per year incarcerated awaiting a death sentence and $75,000 per year in other incarceration. Probation, parole, or sex-offender registry time pays $50,000 per year; partial years count proportionally. Proven financial losses are also covered. Payments cover child support owed and interest on arrears built up during imprisonment, to the extent due. Claimants also receive reimbursement for unreimbursed fines, surcharges, and restitution paid by them or on their behalf. Reasonable reintegration services and health-care costs incurred between release and the award are covered. Awards up to $1 million are paid at once. Larger awards pay $1 million at once, with the rest in equal yearly payments over five years. The per-year payments generally exclude time served alongside another sentence whose conviction remains intact. Exceptions cover a concurrent term made longer by the relevant crime, or an intact Robinson or no-contest conviction entered while maintaining innocence. For the plea exception, claimants must prove they did not commit that crime or that no crime occurred. Beginning in 2025, Delaware's Office of Management and Budget determines annual cost-of-living changes by July 1 using the prior calendar year's Mid-Atlantic Consumer Price Index for All Urban Consumers. It adjusts the per-year rates for the following calendar year, rounding to the nearest $100 while keeping unrounded amounts for later adjustments. Adjusted rates take effect July 1 of the adjustment year and apply to claims filed before the next July 1.

State oversight of wrongful conviction payments

Delaware's Office of Management and Budget takes over the compensation fund from the State Treasurer. The fund sits within its legal services appropriation, can receive assets, and pays only as the Superior Court orders. Unspent money stays in the fund at the end of the budget year. When the office expects a shortfall within 60 days, it must notify the General Assembly and Controller General. Its process must identify the expected shortfall date and explain payment order for pending claims, including when money later becomes available. Quarterly reports to the Joint Finance Committee and Controller General list payments, settlements, awards, denials, and known pending claims. Reports include amounts claimed and potential payments. These oversight rules do not guarantee enough money to pay every claim.

Sponsors & Cosponsors

Sponsor

  • Kyra L. Hoffner

    Democratic • Senate

Cosponsors

  • William Bush

    Democratic • House

  • Kerri Evelyn Harris

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 50 • No: 1

House vote • 5/19/2026

Passed (SM required)

Yes: 31 • No: 0

Senate vote • 4/23/2026

Passed (SM required)

Yes: 19 • No: 1

Actions Timeline

  1. Signed by Governor

    5/21/2026Governor

  2. Passed By House. Votes: 31 YES 10 ABSENT

    5/19/2026House

  3. Reported Out of Committee (Judiciary) in House with 9 On Its Merits

    5/13/2026House

  4. Assigned to Judiciary Committee in House

    4/30/2026House

  5. Passed By Senate. Votes: 19 YES 1 NO 1 ABSENT

    4/23/2026Senate

  6. was introduced and adopted in lieu of SB 282

    4/22/2026Senate

Bill Text

  • Current

    4/22/2026

    HTML

Related Bills

Back to State Legislation