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DE HB196
Bill
Status
6/10/2019
Primary Sponsor
Sean Lynn
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AI Summary
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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.
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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.
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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.
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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.
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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