Wrongful incarceration; compensation. (HB397)

Introduced By

Del. Rip Sullivan (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Compensation for wrongful incarceration. Removes the following requirements for a wrongfully incarcerated person to receive compensation for such wrongful incarceration: (i) that the person shall have entered a final plea of not guilty, or, regardless of the plea, the person incarcerated was convicted of a Class 1 felony, a Class 2 felony, or any felony for which the maximum penalty is imprisonment for life and (ii) that the person incarcerated did not by any act or omission on his part intentionally contribute to his conviction for the felony for which he was incarcerated. The bill also requires the person to be compensated in an amount equal to the product of the total number of days that the person was wrongfully incarcerated following a wrongful conviction multiplied by the daily rate of the Commonwealth's most recent annual median household income as published in the American Community Survey of the United States Census Bureau in the year the court finds the claimant eligible and divided by 365 days to the nearest whole cent, in addition to other possible compensation. Read the Bill »


01/11/2022: In Committee


01/11/2022Prefiled and ordered printed; offered 01/12/22 22103530D

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