HB533: HB533 Wrongful Conviction Compensation Act; enact

Georgia currently has no standard legal process for compensating people who were wrongfully convicted; claimants have generally had to seek a special bill from the General Assembly. This bill, the Wrongful Conviction Compensation Act, creates a new chapter of law letting exonerated people file claims with the Office of State Administrative Hearings. An administrative law judge would evaluate whether the claimant proves, by a preponderance of the evidence, that they were convicted of a felony, did not commit the crime, and had their conviction reversed, were acquitted on retrial, entered an Alford or nolo plea after reversal, or received an innocence pardon. If eligible, the judge recommends compensation to the Chief Justice of the Supreme Court of Georgia: $75,000 per year of incarceration, extra money for time on death row, attorney's fees, reimbursement of fines and restitution, and healthcare and reintegration costs. Claims must generally be filed within three years, and the state waives sovereign immunity to allow these payments, which come from the judiciary's budget.

• Creates a new legal process letting people who were wrongfully convicted of a felony file compensation claims with the Office of State Administrative Hearings instead of seeking a special act of the legislature.
• Requires an administrative law judge to decide eligibility using a 'preponderance of the evidence' standard (meaning more likely than not) and recommend an amount to the Chief Justice of the Supreme Court of Georgia.
• Sets compensation at $75,000 per year of incarceration, plus $25,000 per year spent on death row, attorney's fees, reimbursement of fines and restitution, and healthcare and reintegration costs, adjusted yearly for inflation.
• Requires courts and the State Board of Pardons and Paroles to give exonerated individuals a copy of the new law and document that they received it.
• Waives the state's sovereign immunity (its legal shield against being sued) specifically so these compensation claims can be paid.
• Excludes wrongful conviction claims from the state's existing Claims Advisory Board process, routing them instead through this new system.

People who were convicted of a felony in Georgia and later had that conviction reversed, were acquitted on retrial, or received an innocence pardon; their heirs if they have died; administrative law judges at the Office of State Administrative Hearings; the Supreme Court of Georgia; the State Board of Pardons and Paroles; and the state judiciary's budget.

People exonerated after wrongful felony convictions would gain a defined, predictable path to compensation instead of relying on the legislature to pass an individual bill for them. The amounts, deadlines, and payment sources are spelled out, which could speed up and standardize payments to people who lost years of freedom.

• Section 1 adds a new Chapter 22 to Title 17, naming it the Wrongful Conviction Compensation Act and defining 'conviction' to include certain juvenile adjudications (O.C.G.A. § 17-22-1, § 17-22-2).
• O.C.G.A. § 17-22-4 requires claims to be filed within three years of an acknowledgment form or July 1, 2025, whichever is later, with exceptions for newly discovered evidence of innocence.
• O.C.G.A. § 17-22-5 sets the eligibility test: the claimant must show by a preponderance of evidence they did not commit the crime and that their conviction was reversed, they were acquitted, entered an Alford or nolo plea after reversal, or received an innocence pardon.
• O.C.G.A. § 17-22-6 requires the administrative law judge to notify the Attorney General and hold a hearing within 180 days of being assigned the claim.
• O.C.G.A. § 17-22-7 sets compensation amounts: $75,000 per year incarcerated, $25,000 extra per year on death row, attorney's fees, restitution reimbursement, and healthcare costs, with payments over $1.5 million split into three annual installments.
• O.C.G.A. § 17-22-8 makes compensation come from judiciary funds subject to legislative appropriation, exempts awards from state income tax, and waives the state's sovereign immunity for these claims.
• O.C.G.A. § 17-22-9 requires deducting or reimbursing any related civil settlement money from the compensation award to avoid double recovery.
• O.C.G.A. § 17-22-10 requires courts and the State Board of Pardons and Paroles to notify exonerated individuals of their rights under this new law.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-03-04House Committee Favorably Reported By Substitute (House)
3. 2025-02-21House Second Readers (House)
4. 2025-02-20House First Readers (House)
5. 2025-02-19House Hopper (House)

• Katie Dempsey (R, HD-013)Primary sponsor
• Scott Holcomb (D, HD-101)
• Chuck Efstration (R, HD-104)
• Marcus Wiedower (R, HD-121)
• Tyler Smith (R, HD-018)
• Darlene Taylor (R, HD-173)

• wrongful conviction compensation
• criminal justice
• exoneration
• state administrative hearings
• sovereign immunity