--- title: HB 176. Appeal and error; judgments deemed directly appealable; change a provision collection: bills id: 2025-2026/hb176 cite_as: HB 176, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb176 md_url: https://georgiacommons.org/bills/2025-2026/hb176.md text_url: https://georgiacommons.org/bills/2025-2026/hb176/text source_url: https://www.legis.ga.gov/legislation/69655 date: 2025-05-14 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb175.md next: https://georgiacommons.org/bills/2025-2026/hb177.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 1056 omitted_url: https://georgiacommons.org/bills/2025-2026/hb176.md?full=1 bill_number: HB 176 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-05-14 last_action: Effective Date 2025-05-14 sponsors: - Tyler Smith - Stan Gunter - Stacey Evans - Tanya Miller - Brian Strickland text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/HB176/2025 upstream_id: 1947505 summaries_model: claude-sonnet-5 topic_tags: - criminal appeals - guilty pleas - court procedure - new trial motions - Georgia Supreme Court rulings --- # HB 176. Appeal and error; judgments deemed directly appealable; change a provision ## Text 25 LC 48 1509S/AP House Bill 176 (AS PASSED HOUSE AND SENATE) By: Representatives Smith of the 18th, Gunter of the 8th, Evans of the 57th, and Miller of the 62nd A BILL TO BE ENTITLED AN ACT To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so1 as to change a provision relating to judgments deemed directly appealable; to change2 provisions relating to cases requiring application of appeal; t o provide for a definition; to3 provide for an out-of-time remedy for certain types of postjudgment relief in criminal cases;4 to provide for procedure and time frames; to change provisions relating to amendments on5 motions for new trial; to amend Code Section 17-7-93 of the Off icial Code of Georgia6 Annotated, relating to reading of indictment or accusation, ans wer of accused to charge,7 recordation of "guilty" plea and pronouncement of judgment, wit hdrawn guilty pleas, and8 pleas by immigrants, so as to provide for a time frame regarding the withdrawal of a guilty9 plea; to provide for related matters; to provide for an effecti ve date; to repeal conflicting10 laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 H. B. 176 - 1 - 25 LC 48 1509S/AP PART I 13 SECTION 1-1.14 Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended15 by revising paragraph (1) of subsection (a) of Code Section 5-6-34, relating to judgments and16 rulings deemed directly appealable, as follows:17 "(1)(A) As used in this paragraph, the term 'final judgment' shall include an order in a18 criminal proceeding with a multiple-count indictment or accusation which results in an19 adjudication of fewer than all of the counts in such indictment or accusation, the20 remainder of which are ordered dead docketed.21 (B) All final judgments, that is to say, where the case is no longer pending in the court22 below, except as provided in Code Section 5-6-35;"23 SECTION 1-2.24 Said title is further amended by adding a new paragraph to subsection (a) of Code Section25 5-6-35, relating to cases requiring application for appeal, to read as follows:26 "(5.3) Direct appeals from guilty pleas;"27 SECTION 1-3.28 Said title is further amended by adding a new Code section to read as follows:29 "5-6-39.1.30 (a)(1) Notwithstanding the availability of habeas corpus relief under Article 2 of Chapter31 14 of Title 9; the time limitations set forth in Code Section 5-5-40; or the time limitations32 related to a notice of appeal as set forth in this article, a d efendant may move for leave33 to file an out-of-time motion for new trial or notice of appeal within 100 days from the34 expiration of the time period for the filing of such motion or notice:35 (A) With the consent of the state;36 H. B. 176 - 2 - 25 LC 48 1509S/AP (B) By showing excusable neglect;37 (C) By showing that the failure to timely file such motion for new trial or notice of38 appeal was attributable to the deficient performance of such defendant's counsel; or39 (D) For other good cause shown.40 (2) The trial court judge shall have jurisdiction to consider such motion for leave to file41 an out-of-time motion for new trial or notice of appeal. If the judge grants such motion,42 the defendant shall have 30 days to file an out-of-time motion for new trial or notice of43 appeal and the judge shall have the discretion to allow an extension of time for filing such44 motion or notice as set forth in Code Section 5-6-39.45 (3) An indigent defendant shall have the right to the assistan ce of counsel to seek any46 relief offered under this Code section.47 (b) In a criminal case, after a judgment of conviction, a defendant whose motion seeking48 an out-of-time motion for new trial or notice of appeal or whos e granted out-of-time49 motion for new trial or notice of appeal was dismissed based up on the Supreme Court's50 decision in Cook v. State, 313 Ga. 471 (2022), and its progeny, shall have the right to move51 for leave to file an out-of-time motion for new trial or notice of appeal until June 30, 2026,52 pursuant to subsection (a) of this Code section. Any filing made pursuant to this subsection53 shall not be subject to the 100-day time limitation in subsection (a) of this Code section."54 PART II 55 SECTION 2-1.56 Said title is further amended by revising subsection (b) of Code Section 5-5-40, relating to57 time for motion for new trial generally, as follows:58 "(b) The motion may be amended any time on or before the ruling thereon; provided,59 however, that in criminal proceedings when the defendant substantially amends his or her60 H. B. 176 - 3 - 25 LC 48 1509S/AP motion for new trial, the state shall be given ten days to respond and present evidence, or,61 in the discretion of the court, a longer period of time."62 PART III 63 SECTION 3-1.64 Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to reading of65 indictment or accusation, answer of accused to charge, recordat ion of "guilty" plea and66 pronouncement of judgment, withdrawn guilty pleas, and pleas by immigrants, is amended67 by adding a new subsection to read as follows:68 "(d) After the entry of a guilty plea which results in a convict ion, a person may file a69 motion to withdraw such plea within 30 days of the entry of such judgment or within the70 term of court in which such plea was entered, whichever is later; provided, however, that71 such motion to withdraw shall toll the applicable statute of li mitations and statutory72 demand for speedy trial from the date of the plea until the res olution of the motion to73 withdraw."74 PART IV75 SECTION 4-1.76 This Act shall become effective upon its approval by the Governor or upon its becoming law77 without such approval.78 SECTION 4-2.79 All laws and parts of laws in conflict with this Act are repealed.80 H. B. 176 - 4 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. House Bill 176 rewrites parts of Georgia's appeal law to let some criminal defendants file late motions for new trial or notice of appeal, and sets a firmer deadline for withdrawing a guilty plea. ### Plain-language summary Georgia law lets defendants appeal certain judgments, but strict deadlines for filing a motion for new trial or a notice of appeal have sometimes cut off that right, especially after a 2022 Georgia Supreme Court ruling (Cook v. State) that made it harder to get extra time. This bill responds by creating a new process (O.C.G.A. § 5-6-39.1) letting a defendant ask a trial judge for permission to file an out-of-time motion for new trial or notice of appeal within 100 days of missing the original deadline, if the state agrees, there was excusable neglect, the defendant's lawyer performed poorly, or for other good cause. Defendants whose cases were dismissed because of the Cook decision get until June 30, 2026 to seek this relief without the 100-day limit. The bill also makes direct appeals from guilty pleas require an application rather than an automatic right, gives the state ten days to respond when a defendant substantially amends a new trial motion, and gives defendants 30 days (or the rest of the court term) to move to withdraw a guilty plea, while pausing the statute of limitations and speedy trial demand during that motion. It takes effect once the Governor signs it or it becomes law without a signature. ### What it does - Creates a new legal process (O.C.G.A. § 5-6-39.1) allowing defendants to ask a judge for permission to file a late motion for new trial or notice of appeal within 100 days of missing the deadline. - Gives indigent defendants a right to a lawyer's help when seeking this out-of-time relief. - Grants a special window until June 30, 2026 for defendants whose cases were dismissed under the Cook v. State ruling to seek this relief without the usual 100-day limit. - Reclassifies direct appeals from guilty pleas as requiring an application for appeal rather than an automatic direct appeal. - Requires courts to give the state ten days to respond when a defendant substantially changes a motion for new trial. - Sets a 30-day (or end-of-court-term, whichever is later) deadline to withdraw a guilty plea and pauses the statute of limitations and speedy trial clock while that motion is pending. ### Who it affects Criminal defendants in Georgia, especially those seeking to appeal a conviction or withdraw a guilty plea; defense attorneys; prosecutors, who gain response time on amended new trial motions; and trial court judges, who now have explicit authority to grant out-of-time appeal relief. ### Why it matters Defendants who missed appeal deadlines, including many affected by the Cook v. State ruling, would get a defined path and timeline to seek late review of their convictions. The new guilty-plea withdrawal deadline and appeal classification change how quickly and through what process a conviction can be challenged. ### Key provisions - Section 1-1 revises O.C.G.A. § 5-6-34 to clarify what counts as a directly appealable final judgment, including certain multi-count indictments with dead-docketed counts. - Section 1-2 adds direct appeals from guilty pleas to the list of cases in O.C.G.A. § 5-6-35 that require an application for appeal instead of an automatic appeal. - Section 1-3 creates O.C.G.A. § 5-6-39.1, letting defendants seek out-of-time motions for new trial or notice of appeal within 100 days, with grounds including state consent, excusable neglect, deficient counsel, or good cause. - Section 1-3(b) gives defendants affected by the Cook v. State decision until June 30, 2026 to seek this relief without the 100-day limit. - Section 2-1 amends O.C.G.A. § 5-5-40 to require a ten-day state response period after a defendant substantially amends a motion for new trial. - Section 3-1 adds a new subsection (d) to O.C.G.A. § 17-7-93 setting a 30-day (or end of court term) deadline to move to withdraw a guilty plea and tolling relevant time limits while the motion is pending. - Section 4-1 makes the Act effective upon the Governor's signature or otherwise becoming law without signature. ## Status - Status: Passed (2025-05-14) - Last action: Effective Date 2025-05-14 (2025-05-14) - Sponsors: Tyler Smith, Stan Gunter, Stacey Evans, Tanya Miller, Brian Strickland - Official page: https://www.legis.ga.gov/legislation/69655 > The history, votes, and amendments (1,056 characters) are at https://georgiacommons.org/bills/2025-2026/hb176.md?full=1