HB533: HB533 Wrongful Conviction Compensation Act; enact

25 LC 48 1570S The House Committee on Judiciary, Non-Civil offers the following substitute to HB 533: A BILL TO BE ENTITLED AN ACT To amend Titles 17 and 28 of the Official Code of Georgia Annotated, relating to criminal1 procedure and General Assembly, respectively, so as to allow fo r wrongful conviction2 compensation claims; to provide for a short title; to provide for notice of claims; to require3 administrative law judges within the Office of State Administra tive Hearings to hear and4 evaluate such claims; to provide for the burden of proof and evidence to be considered by an5 administrative law judge; to require an administrative law judg e to make eligibility and6 compensation recommendations to the Chief Justice of the Suprem e Court of Georgia; to7 establish guidelines for determining compensation and provide for payments; to require the8 Supreme Court of Georgia and the State Board of Pardons and Par oles to provide certain9 individuals with a copy of this Act; to provide for definitions; to exclude wrongful conviction10 compensation claims from the purview of the Claims Advisory Board; to provide for related11 matters; to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 SECTION 1.14 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is15 amended by adding a new chapter to read as follows:16 H. B. 533 (SUB) - 1 - 25 LC 48 1570S "CHAPTER 2217 17-22-1.18 This chapter shall be known and may be cited as the 'Wrongful Conviction Compensation19 Act.'20 17-22-2.21 As used in this chapter, the term 'conviction' includes a juvenile delinquency adjudication22 under Code Section 15-11-582.23 17-22-3.24 (a) The Office of State Administrative Hearings, established p ursuant to Code Section25 50-13-40, shall have the authority to consider claims of wrongf ul conviction and26 recommend compensation pursuant to this chapter to the Chief Ju stice of the Supreme27 Court of Georgia.28 (b) For purposes of considering claims of wrongful conviction and making29 recommendations of compensation pursuant to this chapter, an ad ministrative law judge30 appointed pursuant to Code Section 50-13-40 shall be designated by the Office of State31 Administrative Hearings for each claim filed under this chapter.32 (c) Any such administrative law judge shall be authorized to determine:33 (1) Whether a claimant qualifies for compensation under this chapter; and34 (2) The amount of compensation, if any, to be awarded, with an y such amount to be35 included in the administrative law judge's transmittal provided for in subsection (a) of36 Code Section 17-22-8.37 17-22-4.38 (a) A claim for compensation under this chapter shall be:39 (1) Filed directly with the Office of State Administrative Hearings;40 H. B. 533 (SUB) - 2 - 25 LC 48 1570S (2) Filed within three years after the date of the acknowledgment provided pursuant to41 Code Section 17-22-10, or within three years of July 1, 2025, w hichever occurs later,42 except as provided in subsections (b) and (c) of this Code section; and43 (3) Captioned 'In the Matter of the Wrongful Conviction of [Claimant].'44 (b) If, during the two years before the limitations period und er paragraph (2) of45 subsection (a) of this Code section would otherwise expire, the claimant obtains new46 evidence of innocence that the claimant could not previously have obtained with reasonable47 diligence, the claimant may file a claim under this chapter within two years of the date on48 which the claimant obtains such new evidence.49 (c) If, after the limitations period under paragraph (2) of subsection (a) of this Code section50 has expired, the claimant obtains new evidence of innocence tha t the claimant could not51 previously have obtained with reasonable diligence, the claiman t may file a claim under52 this chapter within two years of the date on which the claimant obtains such new evidence.53 (d) A claim may be brought under this chapter by the heirs at law of a deceased individual.54 17-22-5.55 (a) As used in this Code section, the term 'Alford plea' means a plea of guilty entered by56 a defendant while maintaining his or her innocence, as recogniz ed by the United States57 Supreme Court in North Carolina v. Alford, 400 U.S. 25 (1970).58 (b) To receive compensation under this chapter, a claimant mus t establish by a59 preponderance of evidence to the administrative law judge that:60 (1) The claimant was convicted of a felony by a court of this state and served all or part61 of the sentence for that felony;62 (2) The claimant did not commit the crime for which the claimant was convicted and did63 not commit any lesser included offense; and64 (3) One of the following apply to the claimant:65 H. B. 533 (SUB) - 3 - 25 LC 48 1570S (A) The claimant's conviction was reversed or vacated, and the charges against the66 claimant were dismissed after the conviction was reversed or vacated;67 (B) The claimant's conviction was reversed or vacated, and the claimant was acquitted68 of the charges upon retrial;69 (C) The claimant's conviction was reversed or vacated, and the claimant entered an70 Alford plea or a plea of nolo contendere, when the claimant would otherwise have been71 entitled to a new trial; or72 (D) The claimant received a pardon based on innocence for the conviction.73 (c) In evaluating whether a claimant has met the requirements of subsection (b) of this74 Code section, an administrative law judge may, in the interest of justice, give due75 consideration to difficulties of proof caused by the passage of time, the death or76 unavailability of witnesses, the destruction of evidence, and other factors not caused by the77 claimant or those acting on the claimant's behalf.78 (d) Upon determining that a claimant meets the criteria of sub section (b) of this Code79 section, an administrative law judge shall recommend to the Chief Justice of the Supreme80 Court of Georgia that the claimant be awarded compensation for wrongful conviction and81 incarceration, unless the administrative law judge determines b y a preponderance of the82 evidence that:83 (1) The claimant was an accomplice in the commission of the cr ime for which the84 claimant was convicted; or85 (2) For the purpose of protecting the true perpetrator from co nviction, the claimant86 intentionally and voluntarily caused the conviction by entering a guilty plea, by87 committing perjury at trial, or by fabricating evidence at trial.88 H. B. 533 (SUB) - 4 - 25 LC 48 1570S 17-22-6.89 (a) Upon receiving a claim under this chapter filed in accorda nce with Code Section90 17-22-4, the Office of State Administrative Hearings shall, wit hin 15 days, designate an91 administrative law judge to adjudicate the claim.92 (b) Any such administrative law judge shall:93 (1) Within 15 days of being designated to adjudicate the claim , provide the Attorney94 General with notice of the claim and an opportunity to respond within 60 days; and95 (2) Within 180 days of being designated to adjudicate the claim, commence a hearing to96 determine if the claimant is eligible for compensation under th is chapter, and if so, the97 amount of compensation to be recommended to the Chief Justice of the Supreme Court98 of Georgia.99 (c) Except as otherwise provided in this chapter:100 (1) All proceedings pursuant to this chapter shall be conducted in accordance with the101 provisions of Article 2 of Chapter 13 of Title 50; and102 (2) The rules of evidence established in Code Section 50-13-15 shall apply in any103 hearing held under this Code section.104 (d) A claimant may obtain judicial review of the final decision of the administrative law105 judge under this chapter in accordance with Code Section 50-13-19, and all administrative106 remedies shall be deemed to have been exhausted for purposes of review in accordance107 with Code Section 50-13-19.108 17-22-7.109 (a) As used in this Code section, the term 'Alford plea' shall have the same meaning as set110 forth in Code Section 17-22-5.111 (b) In recommending compensation to the Chief Justice of the Supreme Court of Georgia112 pursuant to subsection (a) of Code Section 17-22-8, an administ rative law judge shall113 include:114 H. B. 533 (SUB) - 5 - 25 LC 48 1570S (1) For each year of incarceration, $75,000.00, provided that a prorated amount shall be115 allocated to any partial year served;116 (2) An additional $25,000.00 for each year of incarceration while awaiting a sentence of117 death based on the conviction at issue, provided that a prorated amount shall be allocated118 to any partial year served;119 (3) The reasonable and necessary attorney's fees, costs, and e xpenses incurred by the120 claimant or on the claimant's behalf in reversing or vacating t he claimant's conviction,121 obtaining a pardon, and filing a claim for compensation under this chapter;122 (4) Reimbursement for restitution, costs, fines, fees, or surcharges paid by or on behalf123 of the claimant as a result of the conviction at issue; and124 (5) Reimbursement for any reasonable reintegrative services an d mental and physical125 healthcare costs incurred by the claimant for the period betwee n the claimant's release126 from incarceration and the date of the claimant's award.127 (c) In calculating time of incarceration, an administrative law judge shall only include time128 served for the charge for which the claimant is making a claim under this chapter,129 consistent with the requirements of Code Section 17-10-11; prov ided, however, that a130 claimant shall not be entitled to compensation under this chapt er for any portion of a131 sentence spent incarcerated during which the claimant was also serving a concurrent132 sentence of incarceration for another crime for which the claim ant's conviction was not133 overturned and for which the claimant was not pardoned based on innocence, except to the134 extent that:135 (1) The sentence for that crime was longer than it would have been without consideration136 by the sentencing court of one or more of the crimes at issue; or137 (2) The intact conviction was based on an Alford plea or a ple a of nolo contendere138 maintaining a claim of innocence that the claimant accepted to resolve the underlying139 case after the original conviction was overturned, and the clai mant proves by a140 H. B. 533 (SUB) - 6 - 25 LC 48 1570S preponderance of the evidence that the claimant did not commit the crime that resulted141 in the Alford plea or the plea of nolo contendere, and that there was no crime committed.142 (d)(1) Any payment of compensation may be made to or for the benefit of the claimant,143 or, in the case of the death of the claimant, to or for the ben efit of one or more heirs at144 law or designated beneficiaries of the claimant.145 (2) Payment of compensation shall be made in the form of cash; provided, however, that146 payment of any amount in excess of $1.5 million shall be made i n three equal annual147 installments.148 (e) The dollar amounts specified in this Code section shall be adjusted annually by an149 amount calculated by multiplying such dollar amounts, as adjusted for the preceding year,150 by the annual percentage change in the Consumer Price Index, or its successor or151 appropriate replacement index, if any, published by the Bureau of Labor Statistics of the152 United States Department of Labor for the preceding calendar ye ar, commencing on153 January 1, 2025.154 17-22-8.155 (a) Upon making a final determination that a claimant is eligible for compensation and of156 the amount of compensation to be provided under this chapter, the administrative law judge157 shall transmit a written recommendation to the Chief Justice of the Supreme Court of158 Georgia, including:159 ( 1 ) A s t a t e m e n t o f f i n d i n g s a s t o w h e t h e r t h e c l a i m a n t m e e t s the requirements for160 compensation under this chapter; and161 (2) A statement explaining the administrative law judge's calculation of the amount of162 compensation due, in accordance with Code Section 17-22-7.163 (b) Subject to funds appropriated by the General Assembly, an award of compensation164 under this chapter shall be paid out of the funds appropriated for the judiciary. If the Chief165 Justice receives the recommendation of the administrative law judge before September 1,166 H. B. 533 (SUB) - 7 - 25 LC 48 1570S he or she shall include the compensation recommended by the adm inistrative law judge167 under this chapter in the amended budget for the Judicial Council of Georgia for the current168 fiscal year, and shall issue a transitional assistance advance to the successful claimant of169 $6,000.00 within 60 days, to be deducted from the aggregate award. If the Chief Justice170 receives the recommendation of the board on or after September 1, he or she shall include171 the compensation recommended by the administrative law judge under this chapter in the172 budget for the Judicial Council of Georgia for the next fiscal year, and shall issue a173 transitional assistance advance to the successful claimant of $18,000.00 within 60 days, to174 be deducted from the aggregate award.175 (c) Any award of compensation made pursuant to this chapter shall not be:176 (1) Subject to any monetary limitation of damages awarded in civil actions;177 (2) Subject to any state income taxes; provided, however, that the award of attorney's178 fees shall be subject to taxation; or179 (3) Offset by any expense incurred by the state or any politic al subdivision thereof180 related to the claimant's incarceration.181 (d) Claimant's attorneys may not collect any fees, costs, or expenses for obtaining relief182 under this chapter, including any fees, costs, or expenses calculated on a contingency basis,183 except for the amounts awarded under paragraph (3) of subsectio n (b) of Code184 Section 17-22-7.185 (e) The General Assembly waive s sovereign immunity of this sta te for the purpose of186 authorizing payment of claims against this state pursuant to the authority of this chapter.187 17-22-9.188 (a) If, at the time an administrative law judge makes a recommendation for compensation189 under this chapter, the claimant has received a monetary award or settlement in a civil190 action against the state or any political subdivision thereof a rising from the wrongful191 conviction, the amount previously received by the claimant, less any attorney's fees, costs,192 H. B. 533 (SUB) - 8 - 25 LC 48 1570S and expenses paid by the claimant in obtaining the civil action award or settlement, shall193 be deducted from the award to be recommended under this chapter.194 (b) If, after the time an administrative law judge makes a rec ommendation for195 compensation under this chapter, the claimant receives a monetary award or settlement in196 a civil action against the state or any political subdivision thereof arising from the wrongful197 conviction, the claimant shall reimburse the state for the amou nt of compensation the198 claimant received in the civil action award or settlement, up t o the full amount awarded199 under this chapter, less any attorney's fees, costs, and expens es paid by the claimant in200 obtaining the civil action award or settlement.201 17-22-10.202 (a) A court entering a dismissal or judgment of acquittal afte r a defendant's criminal203 conviction has been overturned, vacated, or reversed shall provide a copy of this chapter204 to the defendant at the time of entry of the dismissal or acqui ttal. The defendant must205 acknowledge receipt of a copy of this chapter in writing on a f orm established by the206 Supreme Court of Georgia. Such acknowledgment shall be entered on the docket by the207 Supreme Court of Georgia and shall be admissible in any proceed ing subsequently filed208 by the defendant under this chapter.209 (b) Upon the issuance of a pardon of innocence or a commutation of sentence resulting in210 release because of a finding of innocence, the State Board of P ardons and Paroles shall211 provide a copy of this chapter to the individual receiving the pardon or commutation. The212 individual must acknowledge receipt of a copy of this chapter i n writing on a form213 established by the State Board of Pardons and Paroles, which shall be retained on file by214 such board as part of its official records and shall be admissi ble in any proceeding215 subsequently filed by the individual under this chapter."216 H. B. 533 (SUB) - 9 - 25 LC 48 1570S SECTION 2.217 Title 28 of the Official Code of Georgia Annotated, relating to General Assembly, is218 amended in Part 2 of Article 4 of Chapter 5, relating to claims against state, departments, or219 agencies, by adding a new Code section to read as follows:220 "28-5-87.221 The provisions of this part shall not apply to a claim made pursuant to Chapter 22 of Title222 17, the 'Wrongful Conviction Compensation Act."223 SECTION 3.224 All laws and parts of laws in conflict with this Act are repealed.225 H. B. 533 (SUB) - 10 -