GA
Georgia House Bill HB364

Georgia 2023-2024 Regular Session

Georgia House Bill HB364 Compare Versions

OldNewDifferences
1-23 LC 48 0912S
2-H. B. 364 (SUB)
1+23 LC 44 2261
2+H. B. 364
33 - 1 -
4-The House Committee on Judiciary Non-Civil offers the following substitute to HB 364:
4+House Bill 364
5+By: Representatives Holcomb of the 81
6+st
7+, Houston of the 170
8+th
9+, Buckner of the 137
10+th
11+, Hugley
12+of the 141
13+st
14+, and Werkheiser of the 157
15+th
16+
517 A BILL TO BE ENTITLED
618 AN ACT
7-To amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated,1
19+To amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated,
20+1
821 relating to the Claims Advisory Board, so as to create the Wrongful Conviction2
922 Compensation Review Panel; to provide for a short title; to provide for applicability; to3
1023 provide for definitions; to provide for the composition of such panel; to provide for the4
1124 burden of proof and evidence to be considered by such panel; to provide for evaluation of5
1225 claims by such panel; to provide for notice of claims, forms, and hearings; to provide for6
1326 such panel to make recommendations to such board; to provide for payments; to provide for7
1427 related matters; to repeal conflicting laws; and for other purposes.8
1528 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
1629 SECTION 1.10
1730 Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the11
1831 Claims Advisory Board, is amended in Part 1, relating to general provisions, by revising12
1932 Code Section 28-5-60, relating to such board's creation, membership, and representation of13
20-members by deputies or other designated employees, as follows:14 23 LC 48 0912S
21-H. B. 364 (SUB)
33+members by deputies or other designated employees, as follows:14 23 LC 44 2261
34+H. B. 364
2235 - 2 -
23-"28-5-60.15
24-(a) As used in this article, the term:16
36+"28-5-60.
37+15
38+(a) As used in this article, the term:
39+16
2540 (1) 'Board' means the Claims Advisory Board created in subsection (b) of this Code17
2641 section.18
2742 (2) 'The state or any of its departments or agencies' means any department, agency,19
2843 bureau, or commission of state government, excluding state authorities, and also20
2944 excluding any county or municipal department, agency, bureau, commission, or authority.21
3045 (b) There is created the Claims Advisory Board, hereinafter called the board, to be22
3146 composed of the Secretary of State, who shall be the chairman chairperson, the23
3247 commissioner of human services, the commissioner of corrections, and the commissioner24
3348 of transportation. Whenever the board takes any official action authorized under the law25
3449 or duly promulgated rules and regulations, three of the members shall constitute a quorum,26
3550 ; however, any of those individuals named above may be represented by a deputy or other27
3651 designated employee; and any such action shall be valid if any two of the remaining three28
3752 individuals members are present during such action. Any board member may be29
3853 represented by a deputy or other designated employee, and such individual's actions shall30
3954 have the same effect as a board member's actions.31
4055 (b)(c) The Claims Advisory Board board is assigned to the Secretary of State for32
4156 administrative purposes only as prescribed in Code Section 50-4-3."33
4257 SECTION 2.34
4358 Said article is further amended in said part by repealing Code Section 28-5-60.1, relating to35
4459 "the state or any of its departments or agencies" defined, in its entirety.36
4560 SECTION 3.37
4661 Said article is further amended in Part 2, relating to claims against state or departments or38
47-agencies, by adding a new Code section to read as follows:39 23 LC 48 0912S
48-H. B. 364 (SUB)
62+agencies, by adding a new Code section to read as follows:39 23 LC 44 2261
63+H. B. 364
4964 - 3 -
5065 "28-5-87.40
5166 The provisions of this part shall not apply to a claim made pursuant to Part 4 of this article."41
5267 SECTION 4.42
5368 Said article is further amended by adding a new part to read as follows:43
5469 "Part 444
5570 28-5-110.45
5671 This part shall be known and may be cited as the 'Wrongful Conviction Compensation Act.'46
5772 28-5-111.47
5873 (a) As used in this part, the term:48
5974 (1) 'Exonerated' means an individual:49
6075 (A) Had his or her judgment of conviction reversed or vacated, or was granted a new50
6176 trial, and had the indictment or accusation dismissed or nolle prossed;51
6277 (B) Had his or her judgment of conviction reversed or vacated, or was granted a new52
6378 trial and, upon retrial, acquitted; or53
6479 (C) Received a pardon based on innocence.54
6580 (2) 'Panel' means the Wrongful Conviction Compensation Review Panel.55
6681 (b) The board shall have the authority to consider claims of wrongful conviction and56
6782 recommend compensation pursuant to this part to the Chief Justice of the Supreme Court57
6883 of Georgia.58
6984 (c)(1) For purposes of considering claims of wrongful conviction and making59
7085 recommendations of compensation to the board pursuant to this part, there is created the60
71-Wrongful Conviction Compensation Review Panel, to be formed under the board.61 23 LC 48 0912S
72-H. B. 364 (SUB)
86+Wrongful Conviction Compensation Review Panel, to be formed under the board.61 23 LC 44 2261
87+H. B. 364
7388 - 4 -
7489 (2) The panel shall consist of five members, and each member shall serve for a term of62
7590 three years; provided, however, that the two members first appointed under63
7691 subparagraphs (A) and (B) of this paragraph shall be appointed for an initial term of one64
7792 year and the two members first appointed under subparagraphs (C) and (D) of this65
7893 paragraph shall be appointed for an initial term of two years; provided, however, that any66
7994 member appointed to a partial initial term may serve two additional successive terms or67
8095 until his or her successor has been appointed. Any member of the panel may serve two68
8196 successive terms or until his or her successor has been appointed. The members of the69
8297 panel shall be:70
83-(A) A judge, retired judge, or retired justice who presides over felony criminal matters71
84-in any state court of record, appointed by the Chief Justice of the Supreme Court of72
85-Georgia;73
86-(B) A current district attorney appointed by the Governor;74
87-(C) A criminal defense attorney appointed by the Governor;75
88-(D) An attorney, forensic science expert, or law professor, with expertise in wrongful76
89-convictions, appointed by the Speaker of the House of Representatives; and77
90-(E) An attorney, forensic science expert, or law professor, with expertise in wrongful78
91-convictions, appointed by the President of the Senate.79
92-(3) The members of the panel shall designate one of the members as the panel's80
93-chairperson.81
94-(4) The panel shall have the authority to promulgate rules and regulations to govern its82
95-consideration of claims brought before the panel and the recommendations by the panel83
96-to the board.84
97-28-5-112.85
98-(a) In order to be eligible for compensation under this part, a claimant shall establish by86
99-a preponderance of evidence to the panel that:87 23 LC 48 0912S
100-H. B. 364 (SUB)
98+(A) A judge who presides over felony criminal matters in any state court of record,71
99+appointed by the Chief Justice of the Supreme Court of Georgia;72
100+(B) A current district attorney appointed by the Governor;73
101+(C) A criminal defense attorney appointed by the Governor;74
102+(D) An attorney, forensic science expert, or law professor, with expertise in wrongful75
103+convictions, appointed by the Speaker of the House of Representatives; and76
104+(E) An attorney, forensic science expert, or law professor, with expertise in wrongful77
105+convictions, appointed by the President of the Senate.78
106+(3) The members of the panel shall designate one of the members as the panel's79
107+chairperson.80
108+(4) The panel shall have the authority to promulgate rules and regulations to govern its81
109+consideration of claims brought before the panel and the recommendations by the panel82
110+to the board.83
111+28-5-112.84
112+(a) In order to be eligible for compensation under this part, a claimant shall establish by85
113+a preponderance of evidence to the panel that:86
114+(1) The claimant was convicted of one or more felonies and subsequently incarcerated;87 23 LC 44 2261
115+H. B. 364
101116 - 5 -
102-(1) The claimant was convicted of one or more felonies and subsequently incarcerated;88
103-(2) The claimant proclaims his or her innocence;89
104-(3) The claimant did not commit or suborn perjury, fabricate evidence, or engage in90
105-conduct intended to bring about the conviction. A confession later found to be false, an91
106-admission of guilt later found to be false, or a guilty plea shall not constitute committing92
107-or suborning perjury, fabricating evidence, or engaging in conduct intended to bring93
108-about the conviction under this part; and94
109-(4) The claimant was exonerated of the crime for which the claim for compensation for95
110-wrongful conviction and incarceration is being made.96
111-(b) In order to receive compensation under this part, the claimant shall establish by a97
112-preponderance of evidence to the panel that:98
113-(1) The claimant received a pardon based on innocence for the conviction;99
114-(2) The claimant was exonerated based on grounds of innocence; or100
115-(3) The claimant did not commit the crime for which the claimant was convicted and did101
116-not commit any lesser included offenses.102
117-(c) The panel, in evaluating a claim brought under this part, may, in the interest of justice,103
118-give due consideration to difficulties of proof caused by the passage of time, the death or104
119-unavailability of witnesses, the destruction of evidence, and other factors not caused by the105
120-claimant or those acting on his or her behalf.106
121-(d) The panel is authorized to determine:107
122-(1) Whether a claimant qualified for compensation under this part; and108
123-(2) The recommended amount of compensation, if any, with any such amount to be109
124-included in the board's transmittal provided for in subsection (b) of Code110
125-Section 28-5-115.111 23 LC 48 0912S
126-H. B. 364 (SUB)
117+(2) The claimant proclaims his or her innocence;88
118+(3) The claimant did not commit or suborn perjury, fabricate evidence, or engage in89
119+conduct intended to bring about the conviction. A confession later found to be false, an90
120+admission of guilt later found to be false, or a guilty plea shall not constitute committing91
121+or suborning perjury, fabricating evidence, or engaging in conduct intended to bring92
122+about the conviction under this part; and93
123+(4) The claimant was exonerated of the crime for which the claim for compensation for94
124+wrongful conviction and incarceration is being made.95
125+(b) In order to receive compensation under this part, the claimant shall establish by a96
126+preponderance of evidence to the panel that:97
127+(1) The claimant received a pardon based on innocence for the conviction;98
128+(2) The claimant was exonerated based on grounds of innocence; or99
129+(3) The claimant did not commit the crime for which the claimant was convicted and did100
130+not commit any lesser included offenses.101
131+(c) The panel, in evaluating a claim brought under this part, may, in the interest of justice,102
132+give due consideration to difficulties of proof caused by the passage of time, the death or103
133+unavailability of witnesses, the destruction of evidence, and other factors not caused by the104
134+claimant or those acting on his or her behalf.105
135+(d) The panel is authorized to determine:106
136+(1) Whether a claimant qualified for compensation under this part; and107
137+(2) The recommended amount of compensation, if any, with any such amount to be108
138+included in the board's transmittal provided for in subsection (b) of Code109
139+Section 28-5-115.110 23 LC 44 2261
140+H. B. 364
127141 - 6 -
128-28-5-113.112
129-(a) No claim for payment of compensation under this part shall be considered by the panel113
130-unless a notice of claim has been filed with the board within three years after the date the114
131-claimant's eligibility has been established as set forth in paragraph (4) of subsection (a) of115
132-Code Section 28-5-112 or within three years of July 1, 2023, whichever occurs later.116
133-(b) The panel shall provide forms to be used in filing a notice of claim and shall make117
134-them available for such purpose. The forms shall specify what evidence the panel will118
135-require in order to process a claim pursuant to subsections (a) and (b) of Code119
136-Section 28-5-112. Such information shall include documentation supporting a claimant's120
137-eligibility for compensation and showing of innocence. If a claim does not contain all121
138-information requested in the form, the panel shall contact the claimant to request this122
139-information, in writing, within 30 days of discovering the information is missing, and123
140-provide the claimant 60 days to supplement his or her claim.124
141-(c) Once the panel is in receipt of all information requested under subsection (b) of this125
142-Code section, and if the panel determines the claimant is eligible under subsection (a) of126
143-Code Section 28-5-112 for consideration for compensation, the panel shall, within 90 days127
144-of receiving the notice of claim and requested information:128
145-(1) Conduct a hearing if it determines a hearing is necessary to make a recommendation129
146-under this part; or130
147-(2) Make a provisional judgment on the eligibility of the claimant and the recommended131
148-award and provide its provisional judgment to the claimant. Upon receiving notice of the132
149-panel's provisional judgment, the claimant shall have 14 days to request a hearing before133
150-the panel if the claimant wishes for further review of his or her claim. If the claimant134
151-requests a hearing under this paragraph, the panel shall conduct a hearing within 60 days.135
152-(d) In the event a hearing is to be held, the claimant, the district attorney for the circuit in136
153-which the conviction occurred, and the Attorney General shall be notified of the date, time,137
154-and place of the hearing and shall be entitled to present evidence at such hearing.138 23 LC 48 0912S
155-H. B. 364 (SUB)
142+28-5-113.111
143+(a) No claim for payment of compensation under this part shall be considered by the panel112
144+unless a notice of claim has been filed with the board within three years after the date the113
145+claimant's eligibility has been established as set forth in paragraph (4) of subsection (a) of114
146+Code Section 28-5-112 or within three years of July 1, 2023, whichever occurs later.115
147+(b) The panel shall provide forms to be used in filing a notice of claim and shall make116
148+them available for such purpose. The forms shall specify what evidence the panel will117
149+require in order to process a claim pursuant to subsections (a) and (b) of Code118
150+Section 28-5-112. Such information shall include documentation supporting a claimant's119
151+eligibility for compensation and showing of innocence. If a claim does not contain all120
152+information requested in the form, the panel shall contact the claimant to request this121
153+information, in writing, within 30 days of discovering the information is missing, and122
154+provide the claimant 60 days to supplement his or her claim.123
155+(c) Once the panel is in receipt of all information requested under subsection (b) of this124
156+Code section, and if the panel determines the claimant is eligible under subsection (a) of125
157+Code Section 28-5-112 for consideration for compensation, the panel shall, within 90 days126
158+of receiving the notice of claim and requested information:127
159+(1) Conduct a hearing if it determines a hearing is necessary to make a recommendation128
160+under this part; or129
161+(2) Make a provisional judgment on the eligibility of the claimant and the recommended130
162+award and provide its provisional judgment to the claimant. Upon receiving notice of the131
163+panel's provisional judgment, the claimant shall have 14 days to request a hearing before132
164+the panel if the claimant wishes for further review of his or her claim. If the claimant133
165+requests a hearing under this paragraph, the panel shall conduct a hearing within 60 days.134
166+(d) In the event a hearing is to be held, the claimant, the district attorney for the circuit in135
167+which the conviction occurred, and the Attorney General shall be notified of the date, time,136
168+and place of the hearing and shall be entitled to present evidence at such hearing.137 23 LC 44 2261
169+H. B. 364
156170 - 7 -
157-(e) Proceedings before the panel shall be governed by rules established by the panel. A139
158-claimant may be represented by an attorney as he or she shall choose.140
159-28-5-114.141
160-(a) Upon determining a claimant meets the criteria of subsections (a) and (b) of Code142
161-Section 28-5-112, the panel shall recommend to the board that the claimant be awarded143
162-compensation for wrongful conviction and incarceration.144
163-(b) In recommending compensation pursuant to subsection (a) of this Code section, the145
164-panel:146
165-(1) May include $100,000.00 per year, but shall include no less than $50,000.00 per year,147
166-for each year of wrongful incarceration, provided that a prorated amount shall be148
167-allocated to any partial year served; and149
168-(2) May include the claimant's incurred reasonable attorney's fees and other expenses in150
169-connection with all associated criminal and habeas corpus proceedings, obtaining the151
170-claimant's discharge from confinement, and filing of a claim for compensation under this152
171-part.153
172-(c) In calculating time of incarceration, the panel shall only include time for the charge for154
173-which the claimant is making a claim under this part consistent with the requirements of155
174-Code Section 17-10-11; provided, however, that a claimant shall not be entitled to156
175-compensation under this part for any portion of a sentence spent incarcerated during which157
176-the claimant was also serving a concurrent sentence of incarceration for another crime to158
177-which this part does not apply.159
178-(d)(1) Any payment of compensation may be made to or for the benefit of the claimant;160
179-or in the case of the death of the claimant, to or for the benefit of one or more of the heirs161
180-at law of the claimant, or, if the claimant chooses, up to one other person who is not an162
181-heir at law as designated by the claimant.163
182-(2) Payment of compensation shall be made in the form of cash.164 23 LC 48 0912S
183-H. B. 364 (SUB)
171+(e) Proceedings before the panel shall be governed by rules established by the panel. A138
172+claimant may be represented by an attorney as he or she shall choose.139
173+28-5-114.140
174+(a) Upon determining a claimant meets the criteria of subsections (a) and (b) of Code141
175+Section 28-5-112, the panel shall recommend to the board that the claimant be awarded142
176+compensation for wrongful conviction and incarceration.143
177+(b) In recommending compensation pursuant to subsection (a) of this Code section, the144
178+panel:145
179+(1) May include $100,000.00 per year, but shall include no less than $50,000.00 per year,146
180+for each year of wrongful incarceration, provided that a prorated amount shall be147
181+allocated to any partial year served; and148
182+(2) May include the claimant's incurred reasonable attorney's fees and other expenses in149
183+connection with all associated criminal and habeas corpus proceedings, obtaining the150
184+claimant's discharge from confinement, and filing of a claim for compensation under this151
185+part.152
186+(c) In calculating time of incarceration, the panel shall only include time for the charge for153
187+which the claimant is making a claim under this part consistent with the requirements of154
188+Code Section 17-10-11; provided, however, that a claimant shall not be entitled to155
189+compensation under this part for any portion of a sentence spent incarcerated during which156
190+the claimant was also serving a concurrent sentence of incarceration for another crime to157
191+which this part does not apply.158
192+(d)(1) Any payment of compensation may be made to or for the benefit of the claimant;159
193+or in the case of the death of the claimant, to or for the benefit of one or more of the heirs160
194+at law of the claimant, or, if the claimant chooses, up to one other person who is not an161
195+heir at law as designated by the claimant.162
196+(2) Payment of compensation shall be made in the form of cash.163 23 LC 44 2261
197+H. B. 364
184198 - 8 -
185-(e) In recommending compensation pursuant to subsection (a) of this Code section, the165
186-panel shall strive for consistency between claimants.166
187-(f) The dollar amounts specified in this Code section shall be adjusted annually by an167
188-amount calculated by multiplying such dollar amounts (as adjusted for the preceding year)168
189-by the annual percentage change in the consumer price index, or its successor or169
190-appropriate replacement index, if any, published by the United States Department of Labor170
191-for the preceding calendar year, commencing on July 1, 2023.171
192-28-5-115.172
193-(a) Within six months, or within a year if a hearing was held, of receiving the claimant's173
194-notice of claim and all information requested under subsection (b) of Code174
195-Section 28-5-113, the panel shall prepare a written recommendation to the board including:175
196-(1) A statement of its findings as to whether the claimant has met the requirements of176
197-subsections (a) and (b) of Code Section 28-5-112;177
198-(2) A statement explaining the panel's calculation of compensable time; and178
199-(3) A statement detailing the amount and forms of compensation.179
200-(b) The board shall adopt the recommendation of the panel as its own and upon adopting180
201-the recommendation of the panel shall transmit the recommendation and the statement of181
202-the panel to the Chief Justice of the Supreme Court of Georgia within seven days of182
203-receiving it from the panel.183
204-(c) If the Chief Justice of the Supreme Court of Georgia receives the recommendation of184
205-the board on or before September 1, he or she shall include the compensation185
206-recommended by the board under this part in the amended budget for the Judicial Council186
207-of Georgia for the current fiscal year. If the Chief Justice of the Supreme Court of Georgia187
208-receives the recommendation of the board after September 1, he or she shall include the188
209-compensation recommended by the board under this part in the budget for the Judicial189
210-Council of Georgia for the next fiscal year.190 23 LC 48 0912S
211-H. B. 364 (SUB)
199+(e) In recommending compensation pursuant to subsection (a) of this Code section, the164
200+panel shall strive for consistency between claimants.165
201+(f) The dollar amounts specified in this Code section shall be adjusted annually by an166
202+amount calculated by multiplying such dollar amounts (as adjusted for the preceding year)167
203+by the annual percentage change in the consumer price index, or its successor or168
204+appropriate replacement index, if any, published by the United States Department of Labor169
205+for the preceding calendar year, commencing on July 1, 2023.170
206+28-5-115.171
207+(a) Within six months, or within a year if a hearing was held, of receiving the claimant's172
208+notice of claim and all information requested under subsection (b) of Code173
209+Section 28-5-113, the panel shall prepare a written recommendation to the board including:174
210+(1) A statement of its findings as to whether the claimant has met the requirements of175
211+subsections (a) and (b) of Code Section 28-5-112;176
212+(2) A statement explaining the panel's calculation of compensable time; and177
213+(3) A statement detailing the amount and forms of compensation.178
214+(b) The board shall adopt the recommendation of the panel as its own and upon adopting179
215+the recommendation of the panel shall transmit the recommendation and the statement of180
216+the panel to the Chief Justice of the Supreme Court of Georgia within seven days of181
217+receiving it from the panel.182
218+(c) If the Chief Justice of the Supreme Court of Georgia receives and accepts the183
219+recommendation of the board on or before September 1, he or she shall include the184
220+compensation recommended by the board under this part in the amended budget for the185
221+judiciary for the current fiscal year. If the Chief Justice of the Supreme Court of Georgia186
222+receives and accepts the recommendation of the board after September 1, he or she shall187
223+include the compensation recommended by the board under this part in the budget for the188
224+judiciary for the next fiscal year.189 23 LC 44 2261
225+H. B. 364
212226 - 9 -
213-(d) Any award of compensation made pursuant to this part shall not be:191
214-(1) Subject to any monetary limitation of damages awarded in civil actions;192
215-(2) Subject to any state income taxes; provided, however, that the award of attorney's193
216-fees shall be subject to taxation; or194
217-(3) Offset by any expense incurred by this state or any political subdivision thereof195
218-related to the claimant's incarceration.196
219-(e) The General Assembly waives sovereign immunity of this state for the purpose of197
220-authorizing payment of claims against this state pursuant to the authority of this part.198
221-(f) No award of compensation pursuant to this part shall be disbursed to a claimant who199
222-had his or her judgment of conviction reversed or vacated, or was granted a new trial, and200
223-had the indictment or accusation dismissed or nolle prossed until the time period set forth201
224-in Code Section 17-3-3 has lapsed or the prosecutor has affirmatively declined further202
225-prosecution.203
226-28-5-116.204
227-(a) If, at the time a claim is made under this part to the panel, the claimant has won a205
228-monetary award against the state or any political subdivision thereof in the final judgment206
229-of a civil action related to the wrongful conviction or has entered into a settlement207
230-agreement with the state or any political subdivision thereof related to the wrongful208
231-conviction, the amount of the award in the action or the amount received in the settlement209
232-agreement, less any sums paid to attorneys for costs in litigating other civil action or210
233-obtaining the settlement agreement, shall be deducted from the sum of money to which the211
234-panel shall usually recommend under this part.212
235-(b) If, after the time a claim is made under this part to the panel, the claimant wins a213
236-monetary award against the state or any political subdivision thereof in the final judgment214
237-of a civil action related to the wrongful conviction, the court shall deduct from such215
238-monetary award an amount equal to the sum of money awarded under this part as216 23 LC 48 0912S
239-H. B. 364 (SUB)
227+(d) Any award of compensation made pursuant to this part shall not be:190
228+(1) Subject to any monetary limitation of damages awarded in civil actions;191
229+(2) Subject to any state income taxes; provided, however, that the award of attorney's192
230+fees shall be subject to taxation; or193
231+(3) Offset by any expense incurred by this state or any political subdivision thereof194
232+related to the claimant's incarceration.195
233+(e) The General Assembly waives sovereign immunity of this state for the purpose of196
234+authorizing payment of claims against this state pursuant to the authority of this part.197
235+(f) No award of compensation pursuant to this part shall be disbursed to a claimant who198
236+had his or her judgment of conviction reversed or vacated, or was granted a new trial, and199
237+had the indictment or accusation dismissed or nolle prossed until the time period set forth200
238+in Code Section 17-3-3 has lapsed or the prosecutor has affirmatively declined further201
239+prosecution.202
240+28-5-116.203
241+(a) If, at the time a claim is made under this part to the panel, the claimant has won a204
242+monetary award against the state or any political subdivision thereof in the final judgment205
243+of a civil action related to the wrongful conviction or has entered into a settlement206
244+agreement with the state or any political subdivision thereof related to the wrongful207
245+conviction, the amount of the award in the action or the amount received in the settlement208
246+agreement, less any sums paid to attorneys for costs in litigating other civil action or209
247+obtaining the settlement agreement, shall be deducted from the sum of money to which the210
248+panel shall usually recommend under this part.211
249+(b) If, after the time a claim is made under this part to the panel, the claimant wins a212
250+monetary award against the state or any political subdivision thereof in the final judgment213
251+of a civil action related to the wrongful conviction or enters into a settlement agreement214
252+with the state or any political subdivision thereof related to the wrongful conviction, the215 23 LC 44 2261
253+H. B. 364
240254 - 10 -
255+claimant shall reimburse the state for the sum of money awarded under this part as216
241256 compensation for wrongful conviction, less any sums paid to attorneys or for costs in217
242-litigating other civil action or obtaining the settlement agreement."218
243-SECTION 5.219
244-All laws and parts of laws in conflict with this Act are repealed.220
257+litigating other civil action or obtaining the settlement agreement. Such a reimbursement218
258+shall not exceed the amount of the monetary award the claimant wins for damages in the219
259+other civil action or the amount received in the settlement agreement."220
260+SECTION 5.221
261+All laws and parts of laws in conflict with this Act are repealed.222