Wrongful incarceration; compensation. (HB397)

Introduced By

Del. Rip Sullivan (D-Arlington) with support from co-patron Del. Rodney Willett (D-Henrico)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Compensation for wrongful incarceration. Modifies the formula for compensating wrongfully incarcerated persons to equal $55,000 per year of incarceration, adjusted for inflation, changes the amount of compensation that may be paid out as a lump sum to equal 25 percent of the total award with the remainder to be paid out as an annuity with a term of 10 years, provides that the General Assembly may pay to the wrongfully incarcerated person the amount of court costs and other charges incurred to receive the compensation, and allows a wrongfully incarcerated person who submitted an Alford plea to receive compensation for such wrongful incarceration. The bill also provides an income tax subtraction for any compensation awarded to a wrongfully incarcerated person. This bill is identical to SB 755. Read the Bill »


Bill Has Passed


01/11/2022Prefiled and ordered printed; offered 01/12/22 22103530D
01/11/2022Referred to Committee for Courts of Justice
01/24/2022Impact statement from DPB (HB397)
01/25/2022Impact statement from DPB (HB397)
01/29/2022Assigned Courts sub: Subcommittee #1
01/31/2022House subcommittee amendments and substitutes offered
02/02/2022Impact statement from DPB (HB397)
02/02/2022House subcommittee amendments and substitutes offered
02/02/2022Subcommittee recommends reporting with substitute (8-Y 0-N)
02/02/2022Subcommittee recommends referring to Committee on Appropriations
02/07/2022Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally)
02/07/2022Committee substitute printed 22105804D-H1
02/07/2022Referred to Committee on Appropriations
02/08/2022Assigned App. sub: General Government and Capital Outlay
02/09/2022House subcommittee amendments and substitutes offered
02/09/2022Subcommittee recommends reporting with substitute (8-Y 0-N)
02/09/2022Reported from Appropriations with substitute (22-Y 0-N) (see vote tally)
02/09/2022Committee substitute printed 22106095D-H2
02/11/2022Read first time
02/14/2022Impact statement from DPB (HB397H2)
02/14/2022Read second time
02/14/2022Committee on Courts of Justice substitute rejected 22105804D-H1
02/14/2022Committee on Appropriations substitute agreed to 22106095D-H2
02/14/2022Engrossed by House - committee substitute HB397H2
02/15/2022Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/15/2022VOTE: Block Vote Passage (100-Y 0-N) (see vote tally)
02/16/2022Constitutional reading dispensed
02/16/2022Referred to Committee on the Judiciary
02/23/2022Reported from Judiciary with substitute (13-Y 0-N) (see vote tally)
02/23/2022Rereferred to Finance and Appropriations
02/23/2022Committee substitute printed 22106994D-S1
02/25/2022Impact statement from DPB (HB397S1)
03/02/2022Reported from Finance and Appropriations with substitute (14-Y 0-N) (see vote tally)
03/02/2022Committee substitute printed 22107238D-S2
03/03/2022Impact statement from DPB (HB397S2)
03/03/2022Constitutional reading dispensed (39-Y 0-N) (see vote tally)
03/04/2022Read third time
03/04/2022Committee substitute rejected 22106994D-S1
03/04/2022Reading of substitute waived
03/04/2022Committee substitute agreed to 22107238D-S2
03/04/2022Engrossed by Senate - committee substitute HB397S2
03/04/2022Passed Senate with substitute (39-Y 0-N) (see vote tally)
03/08/2022Senate substitute rejected by House 22107238D-S2 (0-Y 98-N)
03/08/2022VOTE: Rejected (0-Y 98-N) (see vote tally)
03/09/2022Senate insisted on substitute (39-Y 0-N) (see vote tally)
03/09/2022Senate requested conference committee
03/10/2022House acceded to request
03/10/2022Conferees appointed by House
03/10/2022Delegates: Sullivan, Bloxom, Bell
03/10/2022Conferees appointed by Senate
03/10/2022Senators: Lucas, Edwards, Surovell
03/12/2022C Amended by conference committee
03/12/2022Conference report agreed to by House (93-Y 0-N)
03/12/2022VOTE: Adoption (93-Y 0-N) (see vote tally)
03/12/2022Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
03/21/2022Bill text as passed House and Senate (HB397ER)
03/21/2022Impact statement from DPB (HB397ER)
03/21/2022Signed by President
03/22/2022Signed by Speaker
03/22/2022Enrolled Bill communicated to Governor on March 22, 2022
03/22/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/11/2022G Approved by Governor-Chapter 572 (effective 7/1/22)
04/11/2022G Acts of Assembly Chapter text (CHAP0572)

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