Bill Commons

DE SB 282

enacted

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

Delaware · 2025-2026 Regular Session (153rd General Assembly) · upper

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Quick answers

Did DE SB 282 pass?

Yes. DE SB 282 has been enacted into law. Latest recorded action (2026-05-21): Signed by Governor

What is DE SB 282 about?

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 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. This Act is a substitute for and differs from SB 282 in that it omits a provision limiting the attorneys' fees a petitioner may recover to 15% of the damages awarded under § 7005(a) of Title 10.

Who sponsors DE SB 282?

Kerri Evelyn Harris, William Bush, Kyra L. Hoffner are the primary sponsors of DE SB 282.

Description

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 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. This Act is a substitute for and differs from SB 282 in that it omits a provision limiting the attorneys' fees a petitioner may recover to 15% of the damages awarded under § 7005(a) of Title 10.

Introduced
2026-04-22
Latest action
2026-05-21 — Signed by Governor
Bill type
bill
Last updated
—

Sponsors

  • Kerri Evelyn Harrisprimary
  • William Bushprimary
  • Kyra L. Hoffnerprimary

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-05-21

    Signed by Governor

    executive-signature

  2. 2026-05-19

    Passed By House. Votes: 31 YES 10 ABSENT

    passage

  3. 2026-05-13

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

    committee-passage

  4. 2026-04-30

    Assigned to Judiciary Committee in House

    introduction,referral-committee

  5. 2026-04-23

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

    passage

  6. 2026-04-22

    was introduced and adopted in lieu of SB 282

    introduction

Versions

Not provided by source.

Documents

Not provided by source.

Votes

  • SM

    2026-04-23 · pass · 19-1

    Member-level votes (21)
    • Darius J. Brown: yes
    • Eric Buckson: yes
    • Daniel Cruce: yes
    • Stephanie L. Hansen: yes
    • Gerald W. Hocker: yes
    • Kyra L. Hoffner: yes
    • Russell Huxtable: yes
    • Dave G. Lawson: no
    • S. Elizabeth Lockman: yes
    • Spiros Mantzavinos: yes
    • Trey Paradee: yes
    • Brian Pettyjohn: other
    • Marie Pinkney: yes
    • Nicole Poore: yes
    • Bryant L. Richardson: yes
    • Ray Seigfried: yes
    • David P. Sokola: yes
    • Laura V. Sturgeon: yes
    • Bryan Townsend: yes
    • John "Jack" Walsh: yes
    • David L. Wilson: yes

  • SM

    2026-05-19 · pass · 31-0

    Member-level votes (41)
    • Alonna Berry: yes
    • Stephanie T. Bolden: yes
    • Frank Burns: yes
    • William Bush: yes
    • William J. Carson: yes
    • Nnamdi O. Chukwuocha: yes
    • Richard G. Collins: other
    • Franklin D. Cooke: yes
    • Daniel B. Short: other
    • Timothy D. Dukes: other
    • Mara Gorman: yes
    • Ronald E. Gray: yes
    • Krista Griffith: yes
    • Kerri Evelyn Harris: yes
    • Debra Heffernan: yes
    • Kevin S Hensley: other
    • Jeff Hilovsky: yes
    • Valerie Jones Giltner: yes
    • Kendra Johnson: yes
    • Kimberly Williams: yes
    • Kamela T Smith: yes
    • Larry Lambert: yes
    • Sean M. Lynn: yes
    • Michael F. Smith: yes
    • Melissa Minor-Brown: yes
    • Shannon Morris: other
    • Eric Morrison: other
    • DeShanna U Neal: other
    • Josue O Ortega: yes
    • Edward S. Osienski: yes
    • Sophie Phillips: other
    • Charles S Postles Jr.: yes
    • Cyndie Romer: yes
    • Melanie Ross Levin: yes
    • Sherae'a Moore: yes
    • Bryan W. Shupe: yes
    • Claire Snyder-Hall: yes
    • Jeffrey N. Spiegelman: yes
    • Jesse R. Vanderwende: other
    • Madinah Wilson-Anton: yes
    • Lyndon D. Yearick: other

Related bills

No related bills recorded for this bill.

Official source

https://legis.delaware.gov/BillDetail?LegislationId=143160

Attribution

Data from openstates_bulk_csv, retrieved 2026-07-24T03:53:51.443619Z

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