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DE HB196

Bill

Status

Introduced

6/10/2019

Primary Sponsor

Sean Lynn

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Creates the Delaware Wrongful Imprisonment Compensation Act, establishing a legal process for individuals wrongfully convicted and imprisoned in Delaware to seek compensation from the State.

  • Requires plaintiffs to prove by clear and convincing evidence that they were convicted, imprisoned, and subsequently exonerated through reversal/vacation of conviction with charges dismissed or acquittal on retrial, supported by new evidence demonstrating innocence.

  • Authorizes compensation of $50,000 per year of imprisonment (prorated daily for partial years), plus reasonable attorney fees capped at 10% of compensation or $50,000 whichever is less, with attorney fees paid separately from the plaintiff's award.

  • Creates the Wrongful Imprisonment Compensation Fund in the State Treasury to pay awards and requires quarterly reporting by the Attorney General to the Joint Finance Committee on payments, pending claims, and fund balance.

  • Establishes a 3-year statute of limitations from date of exoneration to file claims, with an 18-month deadline for individuals already released before the act's effective date of July 1, 2020.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To The Delaware Wrongful Imprisonment Compensation Act.

Last Action

Reported Out of Committee (Judiciary) in House with 4 Favorable, 2 On Its Merits

6/19/2019

Committee Referrals

Judiciary6/10/2019

Full Bill Text

No bill text available