SB 176: "Victims of Wrongful Incarceration Compensation Act"; establish

Senate Bill 176

By: Senators Robertson of the 29th, Albers of the 56th, Summers of the 13th, Williams of the 25th, Dixon of the 45th and others

A BILL TO BE ENTITLED

AN ACT

To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to establish the "Victims of Wrongful Incarceration Compensation Act"; to provide for a short title; to provide for eligibility; to provide for definitions; to provide for the compensation of wrongfully incarcerated persons; to provide for procedures allowing an exonerated person to petition the sentencing court or other court of competent jurisdiction for an order that he or she be eligible for compensation; to provide for procedures for prosecuting authorities to respond to such petitions; to provide for hearings; to provide for dismissal; to provide for ineligibility; to provide for requisition procedures and for certification of eligibility for compensation; to provide for criminal records checks; to provide for the calculation, payment, and limit of such compensation; to provide for waivers and release; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new chapter to read as follows:

"CHAPTER 22

17-22-1.

This chapter shall be known and may be cited as the 'Wrongful Incarceration Compensation Act.'

17-22-2.

As used in this chapter, the term:

(1) 'Competent evidence' means evidence that is legally admissible.

(2) 'Department' means the Department of Law.

(3) 'Exonerated' or 'exonerating' means when a person:

(A) Has been pardoned based upon a finding of innocence by the State Board of Pardons and Paroles;

(B) Was granted a new trial and, upon retrial, has been acquitted; or

(C) Has had his or her judgment of conviction reversed or vacated or was granted a new trial, and the indictment or accusation dismissed or nolle prossed, based on the existence of verifiable competent and material substantive evidence of such person's actual innocence.

(4) 'Material evidence' means evidence that is relevant and of sufficient importance to be allowed into evidence

(5) 'Serious violent felony' shall have the same meaning as provided in Code Section

17-10-6.1.

(6) 'Substantive evidence' means evidence that supports a fact in issue relative to the necessary elements of a charge. Such term shall not include evidence relative to procedural or collateral issues.

17-22-3.

(a) To be eligible for compensation under this chapter, an exonerated person shall set forth a claim of wrongful incarceration under oath and with particularity by filing a petition with the sentencing court, with a copy of the petition and notice provided to the prosecuting authority in the criminal case for which the exonerated person was incarcerated. At a minimum, the petition shall state that:

(1) Verifiable competent and material substantive evidence of the petitioner's actual innocence exists and shall describe with particularity the nature and significance of such evidence of actual innocence; and

(2) The petitioner is not ineligible for compensation under the provisions of Code Section 17-22-4.

(b) The petition provided for in subsection (a) of this Code section shall be filed with the court:

(1) Within 90 days after a final order exonerating the petitioner, if such order becomes final on or after July 1, 2025; or

(2) By June 30, 2026, if such exonerating order became final prior to July 1, 2025.

(c) The prosecuting authority in the criminal case for which the exonerated person was incarcerated shall be provided with a copy of the petition provided for in subsection (a) of this Code section and shall respond to the petition within 30 days of receipt of such petition by:

(1) Certifying to the court that, based upon the petition and the verifiable competent and material substantive evidence of actual innocence, no further criminal proceedings will be initiated by the prosecuting authority, that no questions of fact remain as to the petitioner's wrongful incarceration, and that the petitioner is not ineligible for compensation under the provisions of Code Section 17-22-4; or

(2) Contesting:

(A) Whether the petitioner is ineligible for compensation under the provisions of Code Section 17-22-4; or

(B) The nature, significance, or effect of the evidence of the petitioner's alleged actual innocence or the facts related to the petitioner's alleged wrongful incarceration.

(d) Following a prosecuting authority's response under paragraph (1) of subsection (c) of this Code section, the court shall be authorized to issue an order:

(1) That the petitioner is eligible for compensation under this chapter, based upon:

(A) The verifiable competent and material substantive evidence of the petitioner's actual innocence;

(B) The prosecuting authority's certification provided pursuant to paragraph (1) of subsection (c) of this Code section; and

(C) The court's finding that the petitioner has presented verifiable competent and material substantive evidence that the petitioner committed neither the act nor the offense that served as the basis for the incarceration, and that the petitioner did not aid, abet, or act as an accomplice to a person who committed such act or offense; and

(2) That the petitioner is not ineligible for compensation under the provisions of Code Section 17-22-4.

(e) Following a prosecuting authority's response under subparagraph (c)(2)(A) of this Code section, the court shall make a determination from the pleadings and supporting documentation whether, by clear and convincing evidence, the petitioner is ineligible for compensation under the provisions of Code Section 17-22-4. If the court finds the petitioner ineligible under the provisions of Code Section 17-22-4, it shall be authorized to dismiss the petition with a written order setting forth the court's findings.

(f) Following a prosecuting authority's response under subparagraph (c)(2)(B) of this Code section, and the court determines that the petitioner is not ineligible for compensation under the provisions of Code Section 17-22-4, a hearing shall be conducted no later than 120 days after the prosecuting authority's response to determine whether the petitioner has proved by clear and convincing evidence that the petitioner committed neither the act nor the offense that served as the basis for the incarceration, and that the petitioner did not aid, abet, or act as an accomplice to a person who committed such act or offense.

(g) If the court concludes that the petitioner is eligible for compensation under this chapter, such court shall be authorized to include in its order a certification to the department that:

(1) The petitioner has met his or her burden of establishing by clear and convincing evidence that the petitioner committed neither the act nor the offense that served as the basis for the incarceration, and that the petitioner did not aid, abet, or act as an accomplice to a person who committed the act or offense; and

(2) The establishment of the method by which an exonerated person may petition to be deemed eligible for compensation under this chapter in no way creates any right of due process beyond those set forth herein, nor is there created any right to further petition or appeal beyond the scope of the method set forth herein.

17-22-4.

An exonerated person shall not be eligible for compensation under this chapter if:

(1) Before the exonerated person's wrongful incarceration, he or she was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any serious violent felony, or a crime committed in another jurisdiction the elements of which would constitute a serious violent felony in this state, or a crime committed against the United States which is designated a serious violent felony, excluding any delinquency disposition;

(2) Before the exonerated person's wrongful incarceration, he or she was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, more than one felony that is not a serious violent felony, or more than one crime committed in another jurisdiction, the elements of which would constitute a felony in this state, or more than one crime committed against the United States which is designated a felony, excluding any delinquency disposition;

(3) During the exonerated person's wrongful incarceration, he or she was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any serious violent felony;

(4) During the exonerated person's wrongful incarceration, he or she was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, more than one felony that is not a serious violent felony; or

(5) During the exonerated person's wrongful incarceration, he or she was also serving a concurrent sentence for another felony for which the person was not wrongfully incarcerated.

17-22-5.

(a) An exonerated person who has been found by a court of competent jurisdiction to be eligible for compensation under this chapter pursuant to either subsection (d) or (g) of Code Section 17-22-3 shall initiate his or her requisition for such compensation no more than two years after the entry of the order that includes such finding.

(b) The requisition provided for in subsection (a) of this Code section shall be delivered to the department in person or by registered or certified mail or statutory overnight delivery and shall include:

(1) A certified copy of his or her exonerating order;

(2) A certified copy of the order issued pursuant to subsection (d) or (g) of Code Section 17-22-3 finding that he or she is eligible for compensation under this chapter;

(3) Certified copies of the original judgment and sentence;

(4) Documentation demonstrating the length of the sentence served, including documentation from the Department of Corrections regarding his or her admission into and release from the custody of the Department of Corrections;

(5) Positive proof of identification, including two full sets of fingerprints administered by a law enforcement agency and a current form of photo identification, demonstrating that the person requisitioning compensation is the same individual who was exonerated;

(6) All supporting documentation of any fine, penalty, or court costs imposed that were actually paid by the exonerated person; and

(7) All supporting documentation of the amount of any reasonable attorney's fees and expenses incurred and paid by the exonerated person in connection with all criminal proceedings and appeals regarding his or her wrongful incarceration.

(c) Upon receipt of a requisition made pursuant to and in accordance with subsections (a) and (b) of this Code section, the department shall examine such requisition and within 30 calendar days shall notify the exonerated person of any errors or omissions and may request any additional information relevant to the review of the requisition. The exonerated person shall have 15 days after proper notification of any existing errors or omissions to supplement or amend the requisition. The department shall not deny any requisition for failure of the exonerated person to correct an error or omission or supply additional information unless the department timely notified the exonerated person of such errors or omissions or requested the additional information within the 30 day period specified in this subsection. The department shall process and review each completed requisition within 90 calendar days. Once the department determines whether a requisition meets the requirements set forth in this chapter, it shall notify the exonerated person and the prosecuting authority within five business days of such determination.

(d) The department shall forward two full sets of fingerprints of the exonerated person to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall review such records.

(e) When the department determines that the exonerated person meets the requirements of this chapter, the department shall certify in writing that such person is eligible for and entitled to compensation under this chapter, subject to the provisions in Code Section 17-22-6, and shall provide a copy of such certification to the exonerated person and the prosecuting authority within five business days of such determination.

(f) Prior to the department's approval of the exonerated person's requisition for compensation under this chapter, the exonerated person shall sign a release and waiver on behalf of himself or herself and his or her heirs, successors, and assigns, forever releasing the state or any agency, instrumentality, or any political subdivision thereof, the prosecuting authority, and the sentencing court from all present or future claims that the exonerated person or his or her heirs, successors, or assigns may have against such entities arising out of the facts in connection with the wrongful incarceration for which compensation is being sought under this chapter.

(g)(1) An exonerated person shall not be authorized to submit a requisition for compensation under this chapter if he or she has a lawsuit pending against the state or any agency, instrumentality, or any political subdivision thereof, the prosecuting authority, or the sentencing court in state or federal court requesting compensation arising out of the facts in connection with his or her conviction and incarceration.

(2) Any amount of compensation calculated and paid under this chapter is intended to provide the sole, final, and exclusive compensation by the state or any agency, instrumentality, or any political subdivision thereof, the prosecuting authority, or the sentencing court for any and all present and future claims arising out of the facts in connection with the exonerated person's wrongful incarceration.

(h) No estate of or personal representative for a decedent shall be entitled to requisition or otherwise seek compensation under this chapter on behalf of the decedent.

17-22-6.

(a)(1) Except as otherwise provided in this chapter and subject to the limitations and procedures prescribed in paragraph (2) of this subsection, an exonerated person who has been certified by the department as eligible for and entitled to compensation under this chapter shall be entitled to:

(A) 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;

(B) A waiver of tuition and fees for up to 120 hours of instruction at any institution of the University System of Georgia or unit of the Technical College System of Georgia, if the exonerated person meets and maintains the regular admission requirements of such postsecondary educational institution, remains registered at such postsecondary educational institution, and makes satisfactory academic progress as defined by the postsecondary educational institution in which such person is enrolled;

(C) The amount of any fine, penalty, or court costs imposed and paid by the exonerated person;

(D) The amount of any reasonable attorney's fees and expenses incurred and paid by the exonerated person in connection with all criminal proceedings and appeals regarding the wrongful incarceration, to be calculated by the department based upon the supporting documentation submitted as specified in Code Section 17-22-5; and

(E) Notwithstanding any provision of law to the contrary, immediate administrative expunction of the exonerated person's criminal record of or relating to his or her wrongful incarceration. The Department of Law and the Department of Public Safety shall, upon a determination that an exonerated person is eligible for and entitled to compensation under this chapter, immediately take all action necessary to administratively expunge the exonerated person's criminal record of or related to his or her wrongful incarceration. All fees for this process shall be waived.

(2) 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. No further award for attorney's fees, lobbying fees, costs, or other similar expenses shall be made by the state.

(b) In calculating any monetary compensation under paragraph (1) of subsection (a) of this Code section:

(1) An exonerated person who is placed on parole or community supervision while serving the sentence resulting from his or her conviction leading to his or her wrongful incarceration and who commits no more than one felony that is not a serious violent felony which results in revocation of the parole or community supervision shall be eligible for compensation for the total number of years incarcerated; and

(2) An exonerated person who commits one serious violent felony or more than one felony that is not a serious violent felony that results in revocation of such parole or community supervision shall be ineligible for any compensation under paragraph (1) of subsection (a) of this Code section.

(c) Within 12 months after receiving the department's certification that the exonerated person is eligible for and entitled to compensation under this chapter, the prosecuting authority shall execute all necessary agreements to implement this chapter and to maximize the benefit to such exonerated person.

17-22-7.

Any payment made under this chapter shall not constitute a waiver of any defense of sovereign immunity."

SECTION 2.

This Act shall become effective on July 1, 2025.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.