Delaware · Senate Bill 282 · 153rd General Assembly

Delaware Wrongful Conviction Compensation and Services Act/Updates

SB 282 Sponsored by Kyra L. Hoffner Withdrawn

  1. Introduced Apr 16, 2026
  2. In committee Apr 16, 2026
  3. Withdrawn  
  4. Passed the House  
  5. To the governor  
  6. Became law  

What it does

The legislature's own summary of the bill, or its official long title.

This Act amends the Delaware Wrongful Conviction Compensation and Services Act (DWCCSA) in several ways. First, in order to make a prima facie showing of entitlement to compensation, under the Act, a petitioner must show that the petitioner did not commit a felony arising from the same transaction as the crime for which the petitioner was originally convicted. Second, the Act modifies what attorneys' fees may be…

Read the full title (286 words)

This Act amends the Delaware Wrongful Conviction Compensation and Services Act (DWCCSA) in several ways. First, in order to make a prima facie showing of entitlement to compensation, under the Act, a petitioner must show that the petitioner did not commit a felony arising from the same transaction as the crime for which the petitioner was originally convicted. Second, the Act modifies what attorneys' fees may be recovered for an action to overturn, reverse, or vacate a conviction and an action under the DWCCSA. Under the Act, a petitioner who prevails on a cause of action against the state for wrongful conviction shall be awarded reasonable attorneys' fees, based on hours reasonably expended at the prevailing market rate for similar legal services in the state at the time of an award for damages for wrongful conviction, regardless of when the legal services were actually provided. Attorneys' fees may not exceed 15% of a damages award for wrongful conviction under § 7005(a) of Title 10. Attorneys' fees of $300,000 or less will be paid to the petitioner's attorneys in a lump sum; attorneys' fees in excess of $300,000 will be paid in annual installments of not more than $300,000, until the award is satisfied. Third, under the Act, the Office of Management and Budget takes over tasks and responsibilities that currently belong to the State Treasurer, including the annual adjustment in the amount of damages available under § 7005(a) of Title 10, management of the Wrongful Conviction Compensation Fund will exist with the legal services appropriation within the Office of Management and Budget, and the obligation to report quarterly to the Joint Finance Committee and the Controller General. The Act takes effect upon its enactment into law.

Every action

8 steps, oldest first, as the legislature records them.

  1. CommitteeIntroduced and Assigned to Executive Committee in Senate · Senate Executive
  2. CommitteeReported Out of Committee (Executive) in Senate with 7 On Its Merits · Senate Executive
  3. SenateSubstituted in Senate by SS 1 for SB 282
  4. SenateSS 1 for SB 282 - Passed By Senate. Votes: 19 YES 1 NO 1 ABSENT
  5. HouseSS 1 for SB 282 - Assigned to Judiciary Committee in House
  6. HouseSS 1 for SB 282 - Reported Out of Committee (Judiciary) in House with 9 On Its Merits
  7. HouseSS 1 for SB 282 - Passed By House. Votes: 31 YES 10 ABSENT
  8. SS 1 for SB 282 - Signed by Governor

Roll calls

No recorded votes on this bill yet.

Sponsors

The member who introduced it.

From Delaware's official records (legis.delaware.gov), checked Nov 1, 2026. Text links go to the official versions; LegiList does not copy bill text.