Georgia 2025-2026 Regular Session

Georgia Senate Bill SB244 Compare Versions

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11 25 LC 55 0633S
2-Senate Bill 244
3-By: Senators Beach of the 21st, Albers of the 56th, Summers of the 13th, Robertson of the
4-29th, Tillery of the 19th and others
5-AS PASSED
2+The House Committee on Judiciary, Non-Civil offers the following substitute to SB 244:
63 A BILL TO BE ENTITLED
74 AN ACT
8-To amend Titles 17 and 28 of the Official Code of Georgia Annotated, relating to criminal
9-1
5+To amend Titles 17 and 28 of the Official Code of Georgia Annotated, relating to criminal1
106 procedure and General Assembly, respectively, so as to enact provisions relating to certain2
117 criminal prosecutions; to provide for the award of reasonable attorney's fees and costs in a3
128 criminal case to the defendant upon the disqualification of the prosecuting attorney for4
139 misconduct in connection with the case and the subsequent dismissal of the case by the court5
1410 or a subsequent prosecutor; to provide for procedures for assessing and paying such fees and6
1511 costs; to allow for wrongful conviction and incarceration compensation claims; to provide7
1612 for a short title; to establish eligibility criteria; to provide for notice of claims; to require8
1713 administrative law judges within the Office of State Administrative Hearings to hear and9
1814 evaluate such claims; to provide for the burden of proof and evidence to be considered by an10
1915 administrative law judge; to establish amounts of compensation that may be awarded; to11
2016 require the release of claims prior to receiving an award of compensation; to establish the12
2117 Wrongful Conviction and Incarceration Compensation Trust Fund; to provide for the13
2218 payment of compensation awards from such trust fund; to provide for the waiver of sovereign14
2319 immunity; to provide for rules and regulations; to require the Supreme Court of Georgia and15
2420 the State Board of Pardons and Paroles to provide certain individuals with a copy of this Act;16
2521 to provide for definitions; to exclude wrongful conviction and incarceration compensation17
2622 claims from the purview of the Claims Advisory Board; to provide for related matters; to18
27-S. B. 244
23+S. B. 244 (SUB)
2824 - 1 - 25 LC 55 0633S
29-provide for effective dates; to provide for applicability; to repeal conflicting laws; and for
30-19
25+provide for effective dates; to provide for applicability; to repeal conflicting laws; and for19
3126 other purposes.20
3227 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:21
3328 PART I22
3429 SECTION 1-1.23
3530 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is24
3631 amended in Chapter 11, relating to assessment and payment of costs of criminal proceedings,25
3732 by adding a new Code section to read as follows:26
38-"17-11-6.
39-27
33+"17-11-6.27
4034 (a) In the event that:28
4135 (1) The prosecuting attorney in a felony or misdemeanor criminal case is disqualified due29
4236 to improper conduct on the part of such prosecuting attorney; and30
4337 (2) Such criminal case is dismissed by the court or a subsequent prosecutor tasked with31
4438 prosecuting such case following such disqualification;32
4539 any defendant against whom such charges are dismissed shall be entitled to an award of all33
4640 reasonable attorney's fees and costs incurred by the defendant in defending the case.34
4741 (b) A defendant entitled to fees and expenses as provided in this Code section shall file a35
4842 motion for reasonable attorney's fees and costs within 45 days of the final termination of36
4943 the underlying criminal case. The judge to whom the criminal case was assigned shall37
5044 consider and determine such motion for reasonable attorney's fees and costs without a jury38
5145 and shall award such reasonable attorney's fees and costs as provided for under this Code39
5246 section to such defendant.40
53-S. B. 244
47+S. B. 244 (SUB)
5448 - 2 - 25 LC 55 0633S
5549 (c) Attorney's fees and costs awarded under this Code section shall be paid from the funds41
5650 of the office of the prosecuting attorney as budgeted by the county or counties comprising42
5751 the judicial circuit of such prosecuting attorney."43
5852 PART II44
5953 SECTION 2-1.45
6054 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is46
6155 amended by adding a new chapter to read as follows:47
6256 "CHAPTER 2248
6357 17-22-1.49
6458 This chapter shall be known and may be cited as the 'Wrongful Conviction and50
6559 Incarceration Compensation Act.'51
6660 17-22-2.52
6761 As used in this chapter, the term:53
6862 (1) 'Alford plea' means a plea of guilty entered by a defendant while maintaining his or54
6963 her innocence, as recognized by the United States Supreme Court in the case of North55
7064 Carolina v. Alford, 400 U.S. 25 (1970).56
7165 (2) 'Claimant' means an individual seeking compensation under this chapter for his or her57
7266 wrongful conviction and incarceration.58
7367 (3) 'Prosecuting district attorney' means the district attorney whose office prosecuted the59
7468 claimant for the crime or crimes that resulted in the wrongful conviction and60
7569 incarceration for which the claimant is seeking compensation under the provisions of this61
7670 chapter.62
77-S. B. 244
71+S. B. 244 (SUB)
7872 - 3 - 25 LC 55 0633S
7973 (4) 'State governmental entity' means any office, authority, agency, department, unit,63
8074 division, instrumentality, institution, commission, board, branch, or other entity of state64
8175 government.65
8276 17-22-3.66
8377 (a) The Office of State Administrative Hearings, established pursuant to Code Section67
8478 50-13-40, shall have the sole and exclusive authority to consider claims of wrongful68
8579 conviction and incarceration in accordance with the provisions of this chapter.69
8680 (b) For purposes of considering claims of wrongful conviction and incarceration and70
8781 awarding compensation pursuant to this chapter, an administrative law judge appointed71
8882 pursuant to Code Section 50-13-40 shall be designated by the Office of State72
8983 Administrative Hearings for each claim filed under this chapter.73
9084 (c) Any such administrative law judge shall be authorized to determine:74
9185 (1) Whether a claimant qualifies for compensation under this chapter; and75
9286 (2) The amount of compensation, if any, to be awarded under this chapter.76
9387 17-22-4.77
9488 (a) A claim for compensation under this chapter shall:78
9589 (1) Be filed directly with the Office of State Administrative Hearings;79
9690 (2) Except as provided in subsections (b) and (c) of this Code section, be filed within80
9791 three years after the date of the acknowledgment obtained pursuant to Code Section81
9892 17-22-12, or within three years of July 1, 2025, whichever occurs later;82
9993 (3) Be captioned 'In the Matter of the Wrongful Conviction of [Claimant];' and83
10094 (4) Be served on the Attorney General and the prosecuting district attorney.84
10195 (b) If, during the two years before the limitations period under paragraph (2) of85
10296 subsection (a) of this Code section would otherwise expire, the claimant obtains new86
10397 evidence of innocence that the claimant could not previously have obtained with reasonable87
104-S. B. 244
98+S. B. 244 (SUB)
10599 - 4 - 25 LC 55 0633S
106100 diligence, the claimant may file a claim under this chapter within two years of the date on88
107101 which the claimant obtains such new evidence.89
108102 (c) If, after the limitations period under paragraph (2) of subsection (a) of this Code section90
109103 has expired, the claimant obtains new evidence of innocence that the claimant could not91
110104 previously have obtained with reasonable diligence, the claimant may file a claim under92
111105 this chapter within two years of the date on which the claimant obtains such new evidence.93
112106 (d) A claim for compensation may be brought under this chapter by the heirs at law or the94
113107 legal representative of a deceased individual.95
114108 17-22-5.96
115109 (a) To be eligible to receive compensation under this chapter, a claimant must establish by97
116110 a preponderance of evidence to the administrative law judge that:98
117111 (1) The claimant was convicted of a felony by a court of this state and served all or part99
118112 of the sentence for such felony;100
119113 (2) The claimant did not commit the crime for which the claimant was convicted and did101
120114 not commit any lesser included offense; and102
121115 (3) One of the following apply to the claimant:103
122116 (A) The claimant's conviction was reversed or vacated and the charges against the104
123117 claimant were dismissed after the conviction was reversed or vacated;105
124118 (B) The claimant's conviction was reversed or vacated and the claimant was thereafter106
125119 acquitted of the charges;107
126120 (C) The claimant's conviction was reversed or vacated and the claimant thereafter108
127121 entered an Alford plea or a plea of nolo contendere when the claimant would otherwise109
128122 have been entitled to a new trial; or110
129123 (D) The claimant received a pardon for the conviction based on the claimant's111
130124 innocence.112
131-S. B. 244
125+S. B. 244 (SUB)
132126 - 5 - 25 LC 55 0633S
133127 (b) In evaluating whether a claimant has met the requirements of subsection (a) of this113
134128 Code section, an administrative law judge may, in the interest of justice, give due114
135129 consideration to difficulties of proof caused by the passage of time, the death or115
136130 unavailability of witnesses, the destruction of evidence, and other factors not caused by the116
137131 claimant or those acting on the claimant's behalf.117
138132 (c) Upon determining that a claimant meets the requirements of subsection (a) of this Code118
139133 section, an administrative law judge shall award compensation to the claimant for wrongful119
140134 conviction and incarceration in accordance with the provisions of this chapter; provided,120
141135 however, that no compensation shall be awarded if the administrative law judge determines121
142136 by a preponderance of the evidence that:122
143137 (1) The claimant was an accomplice in the commission of the crime for which the123
144138 claimant was convicted; or124
145139 (2) For the purpose of protecting the true perpetrator from conviction, the claimant125
146140 intentionally and voluntarily caused the conviction by entering a guilty plea, by126
147141 committing perjury at trial, or by fabricating evidence at trial.127
148142 17-22-6.128
149143 (a) Upon receiving a claim under this chapter filed and served in accordance with Code129
150144 Section 17-22-4, the Office of State Administrative Hearings shall, within 15 days,130
151145 designate an administrative law judge to adjudicate the claim and notify the claimant, the131
152146 Attorney General, and the prosecuting district attorney of such designation.132
153147 (b) Any such administrative law judge shall, within 180 days of being designated to133
154148 adjudicate the claim, hold a hearing to determine if the claimant is eligible for134
155149 compensation under this chapter, and if so, the amount of compensation to be awarded. 135
156150 The Attorney General and the prosecuting district attorney shall be entitled to file, within136
157151 30 days of such administrative law judge being designated to adjudicate the claim, a137
158-S. B. 244
152+S. B. 244 (SUB)
159153 - 6 - 25 LC 55 0633S
160154 response in opposition to the claim and appear at the hearing for the purpose of contesting138
161155 the claim.139
162156 (c) At a hearing held pursuant to subsection (b) of this Code section on a claim filed under140
163157 this chapter, the claimant, the Attorney General, or the prosecuting district attorney may141
164158 present evidence in support of or in opposition to the claimant's eligibility for compensation142
165159 under this chapter or regarding the amount of compensation that the claimant is entitled to143
166160 pursuant to Code Section 17-22-7. The rules of evidence established in Code Section144
167161 50-13-15 shall apply in any such hearing held.145
168162 (d) Within 30 days of holding a hearing under subsection (b) of this Code section, the146
169163 administrative law judge shall issue a decision on the claimant's eligibility for147
170164 compensation under this chapter and the amount of compensation to be awarded under148
171165 Code Section 17-22-7, if any, which shall include a statement of the administrative law149
172166 judge's findings and an explanation of the administrative law judge's calculation of any150
173167 such compensation to be awarded. Within 30 days after the administrative law judge has151
174168 issued such decision, the claimant, the Attorney General, or the prosecuting district152
175169 attorney may appeal such decision by filing, in accordance with the provisions of Chapter153
176170 3 of Title 5, a petition for review in the Superior Court of Fulton County or in the superior154
177171 court of the county in which the claimant was prosecuted for the crime or crimes leading155
178172 to the wrongful conviction and incarceration, provided that such appeal shall be without156
179173 a jury, shall be confined to the record, and nothing in this chapter shall preclude the appeal157
180174 of any decision or order issued by such superior court during or upon the completion of its158
181175 review of the decision issued by the administrative law judge. If no such appeal of the159
182176 administrative law judge's decision is timely filed, such decision shall become final and the160
183177 administrative law judge shall, subject to the limitation provided in subsection (e) of this161
184178 Code section, issue a judgment either awarding compensation to the claimant or denying162
185179 the claim. If such an appeal of the administrative law judge's decision is filed, the163
186180 administrative law judge shall only issue a judgment when such appeal process is164
187-S. B. 244
181+S. B. 244 (SUB)
188182 - 7 - 25 LC 55 0633S
189183 completed in accordance with any orders of the reviewing court. The issuance of a165
190184 judgment after completion of such appeal process shall be subject to the limitation provided166
191185 in subsection (e) of this Code section.167
192186 (e) No claimant shall be entitled to compensation under this chapter, and no judgment168
193187 awarding compensation to a claimant under this chapter shall be issued by an169
194188 administrative law judge under subsection (d) of this Code section, unless and until the170
195189 claimant has executed and filed with the Office of State Administrative Hearings a release171
196190 and waiver, in a form and manner as the Office of State Administrative Hearings shall172
197191 prescribe in consultation with the Department of Administrative Services, that releases,173
198192 satisfies, acquits, and forever discharges any and all claims, demands, actions, causes of174
199193 action, and damages, of every kind and nature whatsoever, past, present, or future, whether175
200194 known or unknown, asserted or unasserted, that the claimant has or may claim to have176
201195 against the state, any state governmental entity, or any current or former members, officers,177
202196 employees, or agents of the state or any state governmental entity that arise out of or relate178
203197 to any and all facts in connection with the claimant's wrongful conviction and179
204198 incarceration. Nothing in this subsection shall be construed to require a claimant to release180
205199 any claims, demands, actions, causes of action, or damages that the claimant may have or181
206200 claim to have against any political subdivision of this state or any current or former182
207201 members, officers, employees, or agents of any political subdivision of this state.183
208202 17-22-7.184
209203 (a) A claimant that satisfies the requirements of and is entitled to compensation under185
210204 Code Section 17-22-5 shall be awarded:186
211205 (1) For each year of incarceration, $75,000.00, provided that a prorated amount shall be187
212206 allocated to any partial year of incarceration;188
213-S. B. 244
207+S. B. 244 (SUB)
214208 - 8 - 25 LC 55 0633S
215209 (2) An additional $25,000.00 for each year of incarceration while awaiting a sentence of189
216210 death based on the conviction at issue, provided that a prorated amount shall be allocated190
217211 to any partial year of incarceration;191
218212 (3) The reasonable and necessary attorney's fees, costs, and expenses incurred by the192
219213 claimant or on the claimant's behalf in reversing or vacating the claimant's conviction,193
220214 obtaining a pardon, and filing a claim for compensation under this chapter; and194
221215 (4) Reimbursement for restitution, costs, fines, fees, or surcharges paid by or on behalf195
222216 of the claimant as a result of the wrongful conviction at issue.196
223217 (b) In calculating time of incarceration, an administrative law judge shall only include time197
224218 served for the charge for which the claimant is making a claim under this chapter,198
225219 consistent with the requirements of Code Section 17-10-11; provided, however, that a199
226220 claimant shall not be entitled to compensation under this chapter for any portion of a200
227221 sentence spent incarcerated during which the claimant was also serving a concurrent201
228222 sentence of incarceration for another crime for which the claimant's conviction was not202
229223 overturned and for which the claimant was not pardoned based on innocence, except to the203
230224 extent that:204
231225 (1) The sentence for that crime was longer than it would have been without consideration205
232226 by the sentencing court of one or more of the crimes at issue; or206
233227 (2) The intact conviction was based on an Alford plea or a plea of nolo contendere207
234228 maintaining a claim of innocence that the claimant accepted to resolve the underlying208
235229 case after the original conviction was overturned, and the claimant proves by a209
236230 preponderance of the evidence that the claimant did not commit the crime that resulted210
237231 in the Alford plea or the plea of nolo contendere.211
238232 (c) If a claimant has received a monetary award or settlement in a civil action against the212
239233 state, any state governmental entity, or any member, officer, employee, or agent of the state213
240234 or a state governmental agency arising from or relating to the claimant's wrongful214
241235 conviction and incarceration, such amount received by the claimant, less any attorney's215
242-S. B. 244
236+S. B. 244 (SUB)
243237 - 9 - 25 LC 55 0633S
244238 fees, costs, and expenses paid by the claimant in obtaining the civil action award or216
245239 settlement, shall be deducted from the amount of the compensation award to which the217
246240 claimant is entitled under subsection (a) of this Code section.218
247241 (d) Beginning on January 1, 2026, and each year thereafter, the Office of State219
248242 Administrative Hearings, by rules and regulations, shall adjust the dollar amounts specified220
249243 in subsection (a) of this Code section to reflect the effect of annual inflation or deflation221
250244 on the cost of living that citizens of this state experienced in the prior calendar year. In222
251245 making such adjustments, the Office of State Administrative Hearings may use the223
252246 Consumer Price Index, or its successor or appropriate replacement index, if any, published224
253247 by the Bureau of Labor Statistics of the United States Department of Labor.225
254248 17-22-8.226
255249 (a) Any award of compensation made pursuant to this chapter shall not be:227
256250 (1) Subject to any monetary limitation of damages awarded in civil actions;228
257251 (2) Subject to any state income taxes; or229
258252 (3) Reduced by any expense related to the claimant's wrongful incarceration incurred by230
259253 the state or any political subdivision thereof.231
260254 (b) No attorney shall collect any fees, costs, or expenses from a claimant in connection232
261255 with obtaining relief under this chapter, including any fees, costs, or expenses calculated233
262256 on a contingency basis, except for the amounts awarded under paragraph (3) of subsection234
263257 (a) of Code Section 17-22-7.235
264258 17-22-9.236
265259 (a) There is created the Wrongful Conviction and Incarceration Compensation Trust Fund237
266260 as a separate fund in the state treasury. The state treasurer shall credit to the trust fund all238
267261 moneys appropriated by the General Assembly for the purpose of providing claimants with239
268262 compensation under this chapter and shall invest the moneys held in the trust fund in the240
269-S. B. 244
263+S. B. 244 (SUB)
270264 - 10 - 25 LC 55 0633S
271265 same manner in which state funds are invested as authorized by the State Depository Board241
272266 pursuant to Article 3 of Chapter 17 of Title 50.242
273267 (b) No award of compensation issued under this chapter shall be payable except from the243
274268 Wrongful Conviction and Incarceration Compensation Trust Fund. Nothing in this chapter244
275269 shall be construed to authorize any execution or levy against any state property or state245
276270 funds, and such execution or levy against any state property or state funds for purposes of246
277271 paying compensation awards issued under this chapter is expressly prohibited. The liability247
278272 of the state under this chapter shall never exceed the amount of funds available in the248
279273 Wrongful Conviction and Incarceration Compensation Trust Fund and no award of249
280274 compensation issued under this chapter shall be payable unless and until the General250
281275 Assembly appropriates moneys for the payment thereof.251
282276 (c) Subject to the availability of funds, any award of compensation issued under this252
283277 chapter shall be paid out of the Wrongful Conviction and Incarceration Compensation 253
284278 Trust Fund as follows:254
285279 (1)(A) If the judgment awarding such compensation is issued by the administrative law255
286280 judge pursuant to subsection (d) of Code Section 17-22-6 before September 1 of a given256
287281 calendar year, the state treasurer shall pay to the claimant an initial sum of $6,000.00257
288282 within 60 days of such judgment being issued and such judgment being presented to the258
289283 state treasurer for payment, and such initial sum shall be deducted from the total award259
290284 amount.260
291285 (B) If the judgment awarding such compensation is issued by the administrative law261
292286 judge pursuant to subsection (d) of Code Section 17-22-6 on or after September 1 of a262
293287 given calendar year, the state treasurer shall pay to the claimant an initial sum of263
294288 $18,000.00 within 60 days of such judgment being issued and such judgment being264
295289 presented to the state treasurer for payment, and such initial sum shall be deducted from265
296290 the total award amount.266
297-S. B. 244
291+S. B. 244 (SUB)
298292 - 11 - 25 LC 55 0633S
299293 (2) Thereafter, the General Assembly shall, through an amended appropriations Act for267
300294 the current fiscal year for a judgment issued before September 1 of a given calendar year268
301295 or through the general appropriations Act for the next fiscal year for a judgment issued269
302296 on or after September 1 of a given calendar year, appropriate a sum sufficient to pay the270
303297 remainder of the award of compensation; provided, however, that, for any award of271
304298 compensation that exceeds $1.5 million, the General Assembly shall appropriate such272
305299 sum in equal amounts over three separate fiscal years. Within 60 days of such273
306300 appropriation being made and such funds being credited to the Wrongful Conviction and274
307301 Incarceration Compensation Trust Fund, the state treasurer shall pay to the claimant the275
308302 remainder of the award of compensation; provided, however, that, if such award exceeds276
309303 $1.5 million, the state treasurer shall pay to the claimant the remainder of the award in277
310304 three equal payments, each within 60 days of such amounts being appropriated by the278
311305 General Assembly and credited to the Wrongful Conviction and Incarceration279
312306 Compensation Trust Fund.280
313307 (d) Any payment of an award of compensation pursuant to subsection (c) of this Code281
314308 section may be made to or for the benefit of the claimant, or, in the case of the death of the282
315309 claimant, to or for the benefit of one or more heirs at law or designated beneficiaries of the283
316310 claimant.284
317311 17-22-10.285
318312 Subject to the provisions and limitations of this chapter, the sovereign immunity of this286
319313 state is waived for the purpose of authorizing claimants to file claims for and seek 287
320314 compensation awards under this chapter and for authorizing payment of any judgment288
321315 awarding such compensation from the Wrongful Conviction and Incarceration289
322316 Compensation Trust Fund.290
323-S. B. 244
317+S. B. 244 (SUB)
324318 - 12 - 25 LC 55 0633S
325319 17-22-11.291
326320 The Office of State Administrative Hearings, through the chief state administrative law292
327321 judge, shall have the power to promulgate any rules and regulations and establish any293
328322 procedures that are necessary to carry out, and are not inconsistent with, the provisions of294
329323 this chapter.295
330324 17-22-12.296
331325 (a) A court entering a dismissal or judgment of acquittal after a defendant's criminal297
332326 conviction has been overturned, vacated, or reversed shall provide a copy of this chapter298
333327 to the defendant at the time of entry of the dismissal or acquittal and obtain from the299
334328 defendant a written acknowledgment of receipt of a copy of this chapter on a form300
335329 established by the Supreme Court of Georgia. Such acknowledgment shall be transmitted301
336330 by the court to the Supreme Court of Georgia and shall be entered on the docket by the302
337331 Supreme Court of Georgia. The acknowledgment shall be admissible in any proceeding303
338332 subsequently filed by the defendant under this chapter.304
339333 (b) Upon the issuance and acceptance of a pardon of innocence or a commutation of305
340334 sentence resulting in release because of a finding of innocence, the State Board of Pardons306
341335 and Paroles shall provide a copy of this chapter to the individual receiving the pardon or307
342336 commutation and obtain from the individual a written acknowledgment of receipt of a copy308
343337 of this chapter on a form established by the State Board of Pardons and Paroles. The309
344338 acknowledgment shall be retained on file by the State Board of Pardons and Paroles as part310
345339 of its official records and shall be admissible in any proceeding subsequently filed by the311
346340 individual under this chapter."312
347-S. B. 244
341+S. B. 244 (SUB)
348342 - 13 - 25 LC 55 0633S
349-SECTION 2-2.
350-313
343+SECTION 2-2.313
351344 Title 28 of the Official Code of Georgia Annotated, relating to General Assembly, is314
352345 amended in Part 2 of Article 4 of Chapter 5, relating to claims against state, departments, or315
353346 agencies, by adding a new Code section to read as follows:316
354-"28-5-87.
355-317
347+"28-5-87.317
356348 The Claims Advisory Board shall not consider and no compensation shall be paid under318
357349 this article concerning any claim against the state for any wrongful conviction and319
358350 incarceration."320
359351 PART III321
360352 SECTION 3-1.322
361353 (a) Except as provided in subsection (b) of this Section, this Act shall become effective on323
362354 July 1, 2025.324
363355 (b) Part I of this Act shall become effective upon its approval by the Governor or upon its325
364356 becoming law without such approval and shall apply to all criminal cases pending on and326
365357 after such effective date.327
366358 SECTION 3-2.328
367359 All laws and parts of laws in conflict with this Act are repealed.329
368-S. B. 244
360+S. B. 244 (SUB)
369361 - 14 -