10 | 6 | | procedure and General Assembly, respectively, so as to enact provisions relating to certain2 |
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11 | 7 | | criminal prosecutions; to provide for the award of reasonable attorney's fees and costs in a3 |
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12 | 8 | | criminal case to the defendant upon the disqualification of the prosecuting attorney for4 |
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13 | 9 | | misconduct in connection with the case and the subsequent dismissal of the case by the court5 |
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14 | 10 | | or a subsequent prosecutor; to provide for procedures for assessing and paying such fees and6 |
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15 | 11 | | costs; to allow for wrongful conviction and incarceration compensation claims; to provide7 |
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16 | 12 | | for a short title; to establish eligibility criteria; to provide for notice of claims; to require8 |
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17 | 13 | | administrative law judges within the Office of State Administrative Hearings to hear and9 |
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18 | 14 | | evaluate such claims; to provide for the burden of proof and evidence to be considered by an10 |
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19 | 15 | | administrative law judge; to establish amounts of compensation that may be awarded; to11 |
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20 | 16 | | require the release of claims prior to receiving an award of compensation; to establish the12 |
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21 | 17 | | Wrongful Conviction and Incarceration Compensation Trust Fund; to provide for the13 |
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22 | 18 | | payment of compensation awards from such trust fund; to provide for the waiver of sovereign14 |
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23 | 19 | | immunity; to provide for rules and regulations; to require the Supreme Court of Georgia and15 |
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24 | 20 | | the State Board of Pardons and Paroles to provide certain individuals with a copy of this Act;16 |
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25 | 21 | | to provide for definitions; to exclude wrongful conviction and incarceration compensation17 |
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26 | 22 | | claims from the purview of the Claims Advisory Board; to provide for related matters; to18 |
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40 | 34 | | (a) In the event that:28 |
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41 | 35 | | (1) The prosecuting attorney in a felony or misdemeanor criminal case is disqualified due29 |
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42 | 36 | | to improper conduct on the part of such prosecuting attorney; and30 |
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43 | 37 | | (2) Such criminal case is dismissed by the court or a subsequent prosecutor tasked with31 |
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44 | 38 | | prosecuting such case following such disqualification;32 |
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45 | 39 | | any defendant against whom such charges are dismissed shall be entitled to an award of all33 |
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46 | 40 | | reasonable attorney's fees and costs incurred by the defendant in defending the case.34 |
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47 | 41 | | (b) A defendant entitled to fees and expenses as provided in this Code section shall file a35 |
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48 | 42 | | motion for reasonable attorney's fees and costs within 45 days of the final termination of36 |
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49 | 43 | | the underlying criminal case. The judge to whom the criminal case was assigned shall37 |
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50 | 44 | | consider and determine such motion for reasonable attorney's fees and costs without a jury38 |
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51 | 45 | | and shall award such reasonable attorney's fees and costs as provided for under this Code39 |
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52 | 46 | | section to such defendant.40 |
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54 | 48 | | - 2 - 25 LC 55 0633S |
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55 | 49 | | (c) Attorney's fees and costs awarded under this Code section shall be paid from the funds41 |
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56 | 50 | | of the office of the prosecuting attorney as budgeted by the county or counties comprising42 |
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57 | 51 | | the judicial circuit of such prosecuting attorney."43 |
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58 | 52 | | PART II44 |
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59 | 53 | | SECTION 2-1.45 |
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60 | 54 | | Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is46 |
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61 | 55 | | amended by adding a new chapter to read as follows:47 |
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62 | 56 | | "CHAPTER 2248 |
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63 | 57 | | 17-22-1.49 |
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64 | 58 | | This chapter shall be known and may be cited as the 'Wrongful Conviction and50 |
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65 | 59 | | Incarceration Compensation Act.'51 |
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66 | 60 | | 17-22-2.52 |
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67 | 61 | | As used in this chapter, the term:53 |
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68 | 62 | | (1) 'Alford plea' means a plea of guilty entered by a defendant while maintaining his or54 |
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69 | 63 | | her innocence, as recognized by the United States Supreme Court in the case of North55 |
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70 | 64 | | Carolina v. Alford, 400 U.S. 25 (1970).56 |
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71 | 65 | | (2) 'Claimant' means an individual seeking compensation under this chapter for his or her57 |
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72 | 66 | | wrongful conviction and incarceration.58 |
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73 | 67 | | (3) 'Prosecuting district attorney' means the district attorney whose office prosecuted the59 |
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74 | 68 | | claimant for the crime or crimes that resulted in the wrongful conviction and60 |
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75 | 69 | | incarceration for which the claimant is seeking compensation under the provisions of this61 |
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76 | 70 | | chapter.62 |
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78 | 72 | | - 3 - 25 LC 55 0633S |
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79 | 73 | | (4) 'State governmental entity' means any office, authority, agency, department, unit,63 |
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80 | 74 | | division, instrumentality, institution, commission, board, branch, or other entity of state64 |
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81 | 75 | | government.65 |
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82 | 76 | | 17-22-3.66 |
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83 | 77 | | (a) The Office of State Administrative Hearings, established pursuant to Code Section67 |
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84 | 78 | | 50-13-40, shall have the sole and exclusive authority to consider claims of wrongful68 |
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85 | 79 | | conviction and incarceration in accordance with the provisions of this chapter.69 |
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86 | 80 | | (b) For purposes of considering claims of wrongful conviction and incarceration and70 |
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87 | 81 | | awarding compensation pursuant to this chapter, an administrative law judge appointed71 |
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88 | 82 | | pursuant to Code Section 50-13-40 shall be designated by the Office of State72 |
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89 | 83 | | Administrative Hearings for each claim filed under this chapter.73 |
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90 | 84 | | (c) Any such administrative law judge shall be authorized to determine:74 |
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91 | 85 | | (1) Whether a claimant qualifies for compensation under this chapter; and75 |
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92 | 86 | | (2) The amount of compensation, if any, to be awarded under this chapter.76 |
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93 | 87 | | 17-22-4.77 |
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94 | 88 | | (a) A claim for compensation under this chapter shall:78 |
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95 | 89 | | (1) Be filed directly with the Office of State Administrative Hearings;79 |
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96 | 90 | | (2) Except as provided in subsections (b) and (c) of this Code section, be filed within80 |
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97 | 91 | | three years after the date of the acknowledgment obtained pursuant to Code Section81 |
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98 | 92 | | 17-22-12, or within three years of July 1, 2025, whichever occurs later;82 |
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99 | 93 | | (3) Be captioned 'In the Matter of the Wrongful Conviction of [Claimant];' and83 |
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100 | 94 | | (4) Be served on the Attorney General and the prosecuting district attorney.84 |
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101 | 95 | | (b) If, during the two years before the limitations period under paragraph (2) of85 |
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102 | 96 | | subsection (a) of this Code section would otherwise expire, the claimant obtains new86 |
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103 | 97 | | evidence of innocence that the claimant could not previously have obtained with reasonable87 |
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105 | 99 | | - 4 - 25 LC 55 0633S |
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106 | 100 | | diligence, the claimant may file a claim under this chapter within two years of the date on88 |
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107 | 101 | | which the claimant obtains such new evidence.89 |
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108 | 102 | | (c) If, after the limitations period under paragraph (2) of subsection (a) of this Code section90 |
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109 | 103 | | has expired, the claimant obtains new evidence of innocence that the claimant could not91 |
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110 | 104 | | previously have obtained with reasonable diligence, the claimant may file a claim under92 |
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111 | 105 | | this chapter within two years of the date on which the claimant obtains such new evidence.93 |
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112 | 106 | | (d) A claim for compensation may be brought under this chapter by the heirs at law or the94 |
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113 | 107 | | legal representative of a deceased individual.95 |
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114 | 108 | | 17-22-5.96 |
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115 | 109 | | (a) To be eligible to receive compensation under this chapter, a claimant must establish by97 |
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116 | 110 | | a preponderance of evidence to the administrative law judge that:98 |
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117 | 111 | | (1) The claimant was convicted of a felony by a court of this state and served all or part99 |
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118 | 112 | | of the sentence for such felony;100 |
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119 | 113 | | (2) The claimant did not commit the crime for which the claimant was convicted and did101 |
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120 | 114 | | not commit any lesser included offense; and102 |
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121 | 115 | | (3) One of the following apply to the claimant:103 |
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122 | 116 | | (A) The claimant's conviction was reversed or vacated and the charges against the104 |
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123 | 117 | | claimant were dismissed after the conviction was reversed or vacated;105 |
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124 | 118 | | (B) The claimant's conviction was reversed or vacated and the claimant was thereafter106 |
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125 | 119 | | acquitted of the charges;107 |
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126 | 120 | | (C) The claimant's conviction was reversed or vacated and the claimant thereafter108 |
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127 | 121 | | entered an Alford plea or a plea of nolo contendere when the claimant would otherwise109 |
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128 | 122 | | have been entitled to a new trial; or110 |
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129 | 123 | | (D) The claimant received a pardon for the conviction based on the claimant's111 |
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130 | 124 | | innocence.112 |
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132 | 126 | | - 5 - 25 LC 55 0633S |
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133 | 127 | | (b) In evaluating whether a claimant has met the requirements of subsection (a) of this113 |
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134 | 128 | | Code section, an administrative law judge may, in the interest of justice, give due114 |
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135 | 129 | | consideration to difficulties of proof caused by the passage of time, the death or115 |
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136 | 130 | | unavailability of witnesses, the destruction of evidence, and other factors not caused by the116 |
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137 | 131 | | claimant or those acting on the claimant's behalf.117 |
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138 | 132 | | (c) Upon determining that a claimant meets the requirements of subsection (a) of this Code118 |
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139 | 133 | | section, an administrative law judge shall award compensation to the claimant for wrongful119 |
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140 | 134 | | conviction and incarceration in accordance with the provisions of this chapter; provided,120 |
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141 | 135 | | however, that no compensation shall be awarded if the administrative law judge determines121 |
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142 | 136 | | by a preponderance of the evidence that:122 |
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143 | 137 | | (1) The claimant was an accomplice in the commission of the crime for which the123 |
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144 | 138 | | claimant was convicted; or124 |
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145 | 139 | | (2) For the purpose of protecting the true perpetrator from conviction, the claimant125 |
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146 | 140 | | intentionally and voluntarily caused the conviction by entering a guilty plea, by126 |
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147 | 141 | | committing perjury at trial, or by fabricating evidence at trial.127 |
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148 | 142 | | 17-22-6.128 |
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149 | 143 | | (a) Upon receiving a claim under this chapter filed and served in accordance with Code129 |
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150 | 144 | | Section 17-22-4, the Office of State Administrative Hearings shall, within 15 days,130 |
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151 | 145 | | designate an administrative law judge to adjudicate the claim and notify the claimant, the131 |
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152 | 146 | | Attorney General, and the prosecuting district attorney of such designation.132 |
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153 | 147 | | (b) Any such administrative law judge shall, within 180 days of being designated to133 |
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154 | 148 | | adjudicate the claim, hold a hearing to determine if the claimant is eligible for134 |
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155 | 149 | | compensation under this chapter, and if so, the amount of compensation to be awarded. 135 |
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156 | 150 | | The Attorney General and the prosecuting district attorney shall be entitled to file, within136 |
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157 | 151 | | 30 days of such administrative law judge being designated to adjudicate the claim, a137 |
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159 | 153 | | - 6 - 25 LC 55 0633S |
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160 | 154 | | response in opposition to the claim and appear at the hearing for the purpose of contesting138 |
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161 | 155 | | the claim.139 |
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162 | 156 | | (c) At a hearing held pursuant to subsection (b) of this Code section on a claim filed under140 |
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163 | 157 | | this chapter, the claimant, the Attorney General, or the prosecuting district attorney may141 |
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164 | 158 | | present evidence in support of or in opposition to the claimant's eligibility for compensation142 |
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165 | 159 | | under this chapter or regarding the amount of compensation that the claimant is entitled to143 |
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166 | 160 | | pursuant to Code Section 17-22-7. The rules of evidence established in Code Section144 |
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167 | 161 | | 50-13-15 shall apply in any such hearing held.145 |
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168 | 162 | | (d) Within 30 days of holding a hearing under subsection (b) of this Code section, the146 |
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169 | 163 | | administrative law judge shall issue a decision on the claimant's eligibility for147 |
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170 | 164 | | compensation under this chapter and the amount of compensation to be awarded under148 |
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171 | 165 | | Code Section 17-22-7, if any, which shall include a statement of the administrative law149 |
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172 | 166 | | judge's findings and an explanation of the administrative law judge's calculation of any150 |
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173 | 167 | | such compensation to be awarded. Within 30 days after the administrative law judge has151 |
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174 | 168 | | issued such decision, the claimant, the Attorney General, or the prosecuting district152 |
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175 | 169 | | attorney may appeal such decision by filing, in accordance with the provisions of Chapter153 |
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176 | 170 | | 3 of Title 5, a petition for review in the Superior Court of Fulton County or in the superior154 |
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177 | 171 | | court of the county in which the claimant was prosecuted for the crime or crimes leading155 |
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178 | 172 | | to the wrongful conviction and incarceration, provided that such appeal shall be without156 |
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179 | 173 | | a jury, shall be confined to the record, and nothing in this chapter shall preclude the appeal157 |
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180 | 174 | | of any decision or order issued by such superior court during or upon the completion of its158 |
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181 | 175 | | review of the decision issued by the administrative law judge. If no such appeal of the159 |
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182 | 176 | | administrative law judge's decision is timely filed, such decision shall become final and the160 |
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183 | 177 | | administrative law judge shall, subject to the limitation provided in subsection (e) of this161 |
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184 | 178 | | Code section, issue a judgment either awarding compensation to the claimant or denying162 |
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185 | 179 | | the claim. If such an appeal of the administrative law judge's decision is filed, the163 |
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186 | 180 | | administrative law judge shall only issue a judgment when such appeal process is164 |
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188 | 182 | | - 7 - 25 LC 55 0633S |
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189 | 183 | | completed in accordance with any orders of the reviewing court. The issuance of a165 |
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190 | 184 | | judgment after completion of such appeal process shall be subject to the limitation provided166 |
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191 | 185 | | in subsection (e) of this Code section.167 |
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192 | 186 | | (e) No claimant shall be entitled to compensation under this chapter, and no judgment168 |
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193 | 187 | | awarding compensation to a claimant under this chapter shall be issued by an169 |
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194 | 188 | | administrative law judge under subsection (d) of this Code section, unless and until the170 |
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195 | 189 | | claimant has executed and filed with the Office of State Administrative Hearings a release171 |
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196 | 190 | | and waiver, in a form and manner as the Office of State Administrative Hearings shall172 |
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197 | 191 | | prescribe in consultation with the Department of Administrative Services, that releases,173 |
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198 | 192 | | satisfies, acquits, and forever discharges any and all claims, demands, actions, causes of174 |
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199 | 193 | | action, and damages, of every kind and nature whatsoever, past, present, or future, whether175 |
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200 | 194 | | known or unknown, asserted or unasserted, that the claimant has or may claim to have176 |
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201 | 195 | | against the state, any state governmental entity, or any current or former members, officers,177 |
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202 | 196 | | employees, or agents of the state or any state governmental entity that arise out of or relate178 |
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203 | 197 | | to any and all facts in connection with the claimant's wrongful conviction and179 |
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204 | 198 | | incarceration. Nothing in this subsection shall be construed to require a claimant to release180 |
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205 | 199 | | any claims, demands, actions, causes of action, or damages that the claimant may have or181 |
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206 | 200 | | claim to have against any political subdivision of this state or any current or former182 |
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207 | 201 | | members, officers, employees, or agents of any political subdivision of this state.183 |
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208 | 202 | | 17-22-7.184 |
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209 | 203 | | (a) A claimant that satisfies the requirements of and is entitled to compensation under185 |
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210 | 204 | | Code Section 17-22-5 shall be awarded:186 |
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211 | 205 | | (1) For each year of incarceration, $75,000.00, provided that a prorated amount shall be187 |
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212 | 206 | | allocated to any partial year of incarceration;188 |
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214 | 208 | | - 8 - 25 LC 55 0633S |
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215 | 209 | | (2) An additional $25,000.00 for each year of incarceration while awaiting a sentence of189 |
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216 | 210 | | death based on the conviction at issue, provided that a prorated amount shall be allocated190 |
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217 | 211 | | to any partial year of incarceration;191 |
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218 | 212 | | (3) The reasonable and necessary attorney's fees, costs, and expenses incurred by the192 |
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219 | 213 | | claimant or on the claimant's behalf in reversing or vacating the claimant's conviction,193 |
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220 | 214 | | obtaining a pardon, and filing a claim for compensation under this chapter; and194 |
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221 | 215 | | (4) Reimbursement for restitution, costs, fines, fees, or surcharges paid by or on behalf195 |
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222 | 216 | | of the claimant as a result of the wrongful conviction at issue.196 |
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223 | 217 | | (b) In calculating time of incarceration, an administrative law judge shall only include time197 |
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224 | 218 | | served for the charge for which the claimant is making a claim under this chapter,198 |
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225 | 219 | | consistent with the requirements of Code Section 17-10-11; provided, however, that a199 |
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226 | 220 | | claimant shall not be entitled to compensation under this chapter for any portion of a200 |
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227 | 221 | | sentence spent incarcerated during which the claimant was also serving a concurrent201 |
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228 | 222 | | sentence of incarceration for another crime for which the claimant's conviction was not202 |
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229 | 223 | | overturned and for which the claimant was not pardoned based on innocence, except to the203 |
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230 | 224 | | extent that:204 |
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231 | 225 | | (1) The sentence for that crime was longer than it would have been without consideration205 |
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232 | 226 | | by the sentencing court of one or more of the crimes at issue; or206 |
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233 | 227 | | (2) The intact conviction was based on an Alford plea or a plea of nolo contendere207 |
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234 | 228 | | maintaining a claim of innocence that the claimant accepted to resolve the underlying208 |
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235 | 229 | | case after the original conviction was overturned, and the claimant proves by a209 |
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236 | 230 | | preponderance of the evidence that the claimant did not commit the crime that resulted210 |
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237 | 231 | | in the Alford plea or the plea of nolo contendere.211 |
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238 | 232 | | (c) If a claimant has received a monetary award or settlement in a civil action against the212 |
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239 | 233 | | state, any state governmental entity, or any member, officer, employee, or agent of the state213 |
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240 | 234 | | or a state governmental agency arising from or relating to the claimant's wrongful214 |
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241 | 235 | | conviction and incarceration, such amount received by the claimant, less any attorney's215 |
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243 | 237 | | - 9 - 25 LC 55 0633S |
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244 | 238 | | fees, costs, and expenses paid by the claimant in obtaining the civil action award or216 |
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245 | 239 | | settlement, shall be deducted from the amount of the compensation award to which the217 |
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246 | 240 | | claimant is entitled under subsection (a) of this Code section.218 |
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247 | 241 | | (d) Beginning on January 1, 2026, and each year thereafter, the Office of State219 |
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248 | 242 | | Administrative Hearings, by rules and regulations, shall adjust the dollar amounts specified220 |
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249 | 243 | | in subsection (a) of this Code section to reflect the effect of annual inflation or deflation221 |
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250 | 244 | | on the cost of living that citizens of this state experienced in the prior calendar year. In222 |
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251 | 245 | | making such adjustments, the Office of State Administrative Hearings may use the223 |
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252 | 246 | | Consumer Price Index, or its successor or appropriate replacement index, if any, published224 |
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253 | 247 | | by the Bureau of Labor Statistics of the United States Department of Labor.225 |
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254 | 248 | | 17-22-8.226 |
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255 | 249 | | (a) Any award of compensation made pursuant to this chapter shall not be:227 |
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256 | 250 | | (1) Subject to any monetary limitation of damages awarded in civil actions;228 |
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257 | 251 | | (2) Subject to any state income taxes; or229 |
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258 | 252 | | (3) Reduced by any expense related to the claimant's wrongful incarceration incurred by230 |
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259 | 253 | | the state or any political subdivision thereof.231 |
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260 | 254 | | (b) No attorney shall collect any fees, costs, or expenses from a claimant in connection232 |
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261 | 255 | | with obtaining relief under this chapter, including any fees, costs, or expenses calculated233 |
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262 | 256 | | on a contingency basis, except for the amounts awarded under paragraph (3) of subsection234 |
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263 | 257 | | (a) of Code Section 17-22-7.235 |
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264 | 258 | | 17-22-9.236 |
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265 | 259 | | (a) There is created the Wrongful Conviction and Incarceration Compensation Trust Fund237 |
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266 | 260 | | as a separate fund in the state treasury. The state treasurer shall credit to the trust fund all238 |
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267 | 261 | | moneys appropriated by the General Assembly for the purpose of providing claimants with239 |
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268 | 262 | | compensation under this chapter and shall invest the moneys held in the trust fund in the240 |
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270 | 264 | | - 10 - 25 LC 55 0633S |
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271 | 265 | | same manner in which state funds are invested as authorized by the State Depository Board241 |
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272 | 266 | | pursuant to Article 3 of Chapter 17 of Title 50.242 |
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273 | 267 | | (b) No award of compensation issued under this chapter shall be payable except from the243 |
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274 | 268 | | Wrongful Conviction and Incarceration Compensation Trust Fund. Nothing in this chapter244 |
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275 | 269 | | shall be construed to authorize any execution or levy against any state property or state245 |
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276 | 270 | | funds, and such execution or levy against any state property or state funds for purposes of246 |
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277 | 271 | | paying compensation awards issued under this chapter is expressly prohibited. The liability247 |
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278 | 272 | | of the state under this chapter shall never exceed the amount of funds available in the248 |
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279 | 273 | | Wrongful Conviction and Incarceration Compensation Trust Fund and no award of249 |
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280 | 274 | | compensation issued under this chapter shall be payable unless and until the General250 |
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281 | 275 | | Assembly appropriates moneys for the payment thereof.251 |
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282 | 276 | | (c) Subject to the availability of funds, any award of compensation issued under this252 |
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283 | 277 | | chapter shall be paid out of the Wrongful Conviction and Incarceration Compensation 253 |
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284 | 278 | | Trust Fund as follows:254 |
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285 | 279 | | (1)(A) If the judgment awarding such compensation is issued by the administrative law255 |
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286 | 280 | | judge pursuant to subsection (d) of Code Section 17-22-6 before September 1 of a given256 |
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287 | 281 | | calendar year, the state treasurer shall pay to the claimant an initial sum of $6,000.00257 |
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288 | 282 | | within 60 days of such judgment being issued and such judgment being presented to the258 |
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289 | 283 | | state treasurer for payment, and such initial sum shall be deducted from the total award259 |
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290 | 284 | | amount.260 |
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291 | 285 | | (B) If the judgment awarding such compensation is issued by the administrative law261 |
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292 | 286 | | judge pursuant to subsection (d) of Code Section 17-22-6 on or after September 1 of a262 |
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293 | 287 | | given calendar year, the state treasurer shall pay to the claimant an initial sum of263 |
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294 | 288 | | $18,000.00 within 60 days of such judgment being issued and such judgment being264 |
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295 | 289 | | presented to the state treasurer for payment, and such initial sum shall be deducted from265 |
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296 | 290 | | the total award amount.266 |
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298 | 292 | | - 11 - 25 LC 55 0633S |
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299 | 293 | | (2) Thereafter, the General Assembly shall, through an amended appropriations Act for267 |
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300 | 294 | | the current fiscal year for a judgment issued before September 1 of a given calendar year268 |
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301 | 295 | | or through the general appropriations Act for the next fiscal year for a judgment issued269 |
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302 | 296 | | on or after September 1 of a given calendar year, appropriate a sum sufficient to pay the270 |
---|
303 | 297 | | remainder of the award of compensation; provided, however, that, for any award of271 |
---|
304 | 298 | | compensation that exceeds $1.5 million, the General Assembly shall appropriate such272 |
---|
305 | 299 | | sum in equal amounts over three separate fiscal years. Within 60 days of such273 |
---|
306 | 300 | | appropriation being made and such funds being credited to the Wrongful Conviction and274 |
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307 | 301 | | Incarceration Compensation Trust Fund, the state treasurer shall pay to the claimant the275 |
---|
308 | 302 | | remainder of the award of compensation; provided, however, that, if such award exceeds276 |
---|
309 | 303 | | $1.5 million, the state treasurer shall pay to the claimant the remainder of the award in277 |
---|
310 | 304 | | three equal payments, each within 60 days of such amounts being appropriated by the278 |
---|
311 | 305 | | General Assembly and credited to the Wrongful Conviction and Incarceration279 |
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312 | 306 | | Compensation Trust Fund.280 |
---|
313 | 307 | | (d) Any payment of an award of compensation pursuant to subsection (c) of this Code281 |
---|
314 | 308 | | section may be made to or for the benefit of the claimant, or, in the case of the death of the282 |
---|
315 | 309 | | claimant, to or for the benefit of one or more heirs at law or designated beneficiaries of the283 |
---|
316 | 310 | | claimant.284 |
---|
317 | 311 | | 17-22-10.285 |
---|
318 | 312 | | Subject to the provisions and limitations of this chapter, the sovereign immunity of this286 |
---|
319 | 313 | | state is waived for the purpose of authorizing claimants to file claims for and seek 287 |
---|
320 | 314 | | compensation awards under this chapter and for authorizing payment of any judgment288 |
---|
321 | 315 | | awarding such compensation from the Wrongful Conviction and Incarceration289 |
---|
322 | 316 | | Compensation Trust Fund.290 |
---|
324 | 318 | | - 12 - 25 LC 55 0633S |
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325 | 319 | | 17-22-11.291 |
---|
326 | 320 | | The Office of State Administrative Hearings, through the chief state administrative law292 |
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327 | 321 | | judge, shall have the power to promulgate any rules and regulations and establish any293 |
---|
328 | 322 | | procedures that are necessary to carry out, and are not inconsistent with, the provisions of294 |
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329 | 323 | | this chapter.295 |
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330 | 324 | | 17-22-12.296 |
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331 | 325 | | (a) A court entering a dismissal or judgment of acquittal after a defendant's criminal297 |
---|
332 | 326 | | conviction has been overturned, vacated, or reversed shall provide a copy of this chapter298 |
---|
333 | 327 | | to the defendant at the time of entry of the dismissal or acquittal and obtain from the299 |
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334 | 328 | | defendant a written acknowledgment of receipt of a copy of this chapter on a form300 |
---|
335 | 329 | | established by the Supreme Court of Georgia. Such acknowledgment shall be transmitted301 |
---|
336 | 330 | | by the court to the Supreme Court of Georgia and shall be entered on the docket by the302 |
---|
337 | 331 | | Supreme Court of Georgia. The acknowledgment shall be admissible in any proceeding303 |
---|
338 | 332 | | subsequently filed by the defendant under this chapter.304 |
---|
339 | 333 | | (b) Upon the issuance and acceptance of a pardon of innocence or a commutation of305 |
---|
340 | 334 | | sentence resulting in release because of a finding of innocence, the State Board of Pardons306 |
---|
341 | 335 | | and Paroles shall provide a copy of this chapter to the individual receiving the pardon or307 |
---|
342 | 336 | | commutation and obtain from the individual a written acknowledgment of receipt of a copy308 |
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343 | 337 | | of this chapter on a form established by the State Board of Pardons and Paroles. The309 |
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344 | 338 | | acknowledgment shall be retained on file by the State Board of Pardons and Paroles as part310 |
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345 | 339 | | of its official records and shall be admissible in any proceeding subsequently filed by the311 |
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346 | 340 | | individual under this chapter."312 |
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356 | 348 | | The Claims Advisory Board shall not consider and no compensation shall be paid under318 |
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357 | 349 | | this article concerning any claim against the state for any wrongful conviction and319 |
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358 | 350 | | incarceration."320 |
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359 | 351 | | PART III321 |
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360 | 352 | | SECTION 3-1.322 |
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361 | 353 | | (a) Except as provided in subsection (b) of this Section, this Act shall become effective on323 |
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362 | 354 | | July 1, 2025.324 |
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363 | 355 | | (b) Part I of this Act shall become effective upon its approval by the Governor or upon its325 |
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364 | 356 | | becoming law without such approval and shall apply to all criminal cases pending on and326 |
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365 | 357 | | after such effective date.327 |
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366 | 358 | | SECTION 3-2.328 |
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367 | 359 | | All laws and parts of laws in conflict with this Act are repealed.329 |
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