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House Judiciary Committee advances bill clarifying wrongful-conviction compensation process
Summary
The House Judiciary Committee voted to release Senate Substitute 1 for SB 282, which moves administration of wrongful-conviction compensation to the Office of Management and Budget, clarifies language about prior convictions, and creates a more systematic process for attorney fees.
The House Judiciary Committee on May 13 advanced Senate Substitute 1 for SB 282, legislation that clarifies Delaware’s process for compensating people wrongly convicted of crimes and adjusts administrative oversight.
Representative Bush, the bill sponsor, told the panel the measure transfers administrative responsibilities from the State Treasurer’s office to the Office of Management and Budget and cleans up language about prior felonies and convictions. "It creates a very clear and systematic process," Bush said, summarizing the measure’s approach to attorney-fee compensation and caps.
Committee members asked for drafting clarifications, including the distinction in the draft between language that reads someone "was not convicted" and language that reads they "did not commit" an offense; Bush said the changes are intended to make the statute easier to apply in court and administrative review. Members also confirmed that the proposal makes attorney-fee recovery and any caps more explicit.
There was no public testimony for SB 282 at the hearing. Representative Cook moved to release the bill from committee; Vice Chair Cindy Romer seconded. The committee called the roll and the clerk reported the bill had received the required number of affirmative votes to be reported out for floor consideration.
Next steps: the committee circulated the bill for signatures and staff said it will be announced and posted on the legislative website for the House floor calendar.
