DE HB118

Creates the Delaware Wrongful Imprisonment Compensation Act allowing individuals wrongfully convicted and imprisoned in Delaware to sue the State for compensation in Superior Court.

Requires plaintiffs to prove by clear and convincing evidence that their conviction was reversed or vacated, charges dismissed or acquittal on retrial, and new evidence demonstrates they did not commit the crime and were not an accomplice or accessory.

Awards $50,000 per year of imprisonment (prorated daily for partial years), reasonable attorney fees capped at 10% of compensation or $50,000 whichever is less, and reasonable expenses; compensation not subject to state income tax or offset by state incarceration costs.

Creates a Wrongful Imprisonment Compensation Fund in the State Treasury to pay awards and requires quarterly reporting to the Joint Finance Committee on payments, settlements, claims, and fund balance.

Establishes a 3-year deadline to commence an action from the date of verdict or judgment reversing/vacating conviction, or 18 months from July 1, 2023 for those released before that date; mandates expungement of arrest, fingerprints, conviction, and sentence records upon determination of wrongful imprisonment.