Georgia CommonsSB 176: "Victims of Wrongful Incarceration Compensation Act"; establish
Last action February 18, 2025 · Senate Read and Referred
Senate Bill 176 would create a formal process in Georgia law for people who were wrongly convicted and imprisoned to petition a court for a finding of innocence and then receive state compensation, capped at $1 million.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Georgia currently has no statutory system requiring the state to pay people who were wrongly convicted and imprisoned; compensation has typically depended on one-off legislative resolutions. Senate Bill 176 would create the 'Wrongful Incarceration Compensation Act' as a new chapter of Georgia's criminal procedure code (Title 17). An exonerated person could file a petition with the sentencing court claiming actual innocence, and the local prosecutor would have to agree or contest the claim, possibly leading to a court hearing. If a court certifies the person as eligible, they could then apply to the Department of Law for compensation of $50,000 per year of wrongful incarceration, reimbursement of fines and legal fees (subject to a combined $1 million cap), free college tuition for up to 120 hours, and automatic expungement of the related criminal record. People with certain prior violent felony convictions, or who committed new crimes while wrongfully incarcerated, would not qualify. The law would take effect July 1, 2025.
What the bill does
- Creates a new legal process letting an exonerated person petition the sentencing court to be declared eligible for state compensation for wrongful incarceration.
- Sets monetary compensation at $50,000 per year of wrongful incarceration, capped along with attorney's fees and court costs at $1 million total.
- Provides a waiver of tuition and fees for up to 120 hours of college or technical school instruction for eligible exonerated people.
- Requires automatic, fee-free expungement of the exonerated person's criminal record related to the wrongful incarceration once compensation is approved.
- Disqualifies people from compensation if they had certain prior serious violent felony convictions or committed new felonies during the wrongful incarceration.
- Requires exonerated people to sign a waiver releasing the state from further legal claims before receiving compensation, and bars compensation if a related lawsuit is still pending.
Who it affects
People in Georgia who are exonerated after being wrongly convicted and imprisoned; prosecuting authorities and sentencing courts, which must respond to and rule on eligibility petitions; the Department of Law, which reviews and certifies claims; and the Department of Public Safety and Georgia Crime Information Center, which help process record checks and expungements.
Why it matters
People wrongly imprisoned in Georgia currently have no guaranteed path to compensation without a special legislative act. This bill would give them a defined legal process, a set payment formula, tuition assistance, and record expungement, while also setting firm dollar limits and disqualifying conditions that determine who actually gets paid.
Key provisions
- Code Section 17-22-3 lets an exonerated person petition the sentencing court within 90 days of a final exonerating order (or by June 30, 2026 for earlier exonerations) claiming actual innocence.
- Section 17-22-3 requires the prosecuting authority to respond within 30 days, either certifying eligibility or contesting it, which can trigger a hearing within 120 days.
- Code Section 17-22-4 lists disqualifying conditions, including prior serious violent felony convictions or committing new felonies during the wrongful incarceration.
- Code Section 17-22-5 sets a two-year deadline to file a compensation requisition with the Department of Law, including fingerprints, photo ID, and documentation of costs paid.
- Code Section 17-22-6 sets compensation at $50,000 per year of wrongful incarceration, tuition waivers for up to 120 hours, reimbursement of fines and legal fees, and expungement, with a combined $1 million cap on monetary awards.
- Code Section 17-22-5 requires the exonerated person to sign a release waiving future claims against the state before compensation is approved, and bars compensation if a related lawsuit is pending.
- Code Section 17-22-7 states that any payment under the chapter does not waive the state's sovereign immunity.
- Section 2 sets the effective date as July 1, 2025.
From the bill
“Monetary compensation for wrongful incarceration, which shall be calculated at a rate of $50,000.00 for each year of wrongful incarceration, prorated as necessary to account for a portion of a year”
“The total amount of compensation calculated as provided for in subparagraphs (A), (C), and (D) of paragraph (1) of this subsection shall not exceed $1 million.”
“Any payment made under this chapter shall not constitute a waiver of any defense of sovereign immunity.”
Status timeline
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Randy Robertson (R, SD-029)
- John Albers (R, SD-056)
- Carden Summers (R, SD-013)
- Ricky Williams (R, SD-025)
- Clint Dixon (R, SD-045)
- Chuck Hufstetler (R, SD-052)
- Chuck Payne (R, SD-054)
- Mike Hodges (R, SD-003)
- Lee Anderson (R, SD-024)
Topics
- wrongful conviction
- criminal justice
- state compensation
- exoneration
- criminal records expungement