Senate Bill 244
By: Senators Beach of the 21st, Albers of the 56th, Summers of the 13th, Robertson of the
29th, Tillery of the 19th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Titles 17 and 28 of the Official Code of Georgia Annotated, relating to criminal
procedure and General Assembly, respectively, so as to enact provisions relating to certain
criminal prosecutions; to provide for the award of reasonable attorney's fees and costs in a
criminal case to the defendant upon the disqualification of the prosecuting attorney for
misconduct in connection with the case and the subsequent dismissal of the case by the court
or a subsequent prosecutor; to provide for procedures for assessing and paying such fees and
costs; to allow for wrongful conviction and incarceration compensation claims; to provide
for a short title; to establish eligibility criteria; to provide for notice of claims; to require
administrative law judges within the Office of State Administrative Hearings to hear and
evaluate such claims; to provide for the burden of proof and evidence to be considered by an
administrative law judge; to establish amounts of compensation that may be awarded; to
require the release of claims prior to receiving an award of compensation; to establish the
Wrongful Conviction and Incarceration Compensation Trust Fund; to provide for the
payment of compensation awards from such trust fund; to provide for the waiver of sovereign
immunity; to provide for rules and regulations; to require the Supreme Court of Georgia and
the State Board of Pardons and Paroles to provide certain individuals with a copy of this Act;
to provide for definitions; to exclude wrongful conviction and incarceration compensation
claims from the purview of the Claims Advisory Board; to provide for related matters; to
provide for effective dates; to provide for applicability; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended in Chapter 11, relating to assessment and payment of costs of criminal proceedings,
by adding a new Code section to read as follows:
"17-11-6.
(a) In the event that:
(1) The prosecuting attorney in a felony or misdemeanor criminal case is disqualified due
to improper conduct on the part of such prosecuting attorney; and
(2) Such criminal case is dismissed by the court or a subsequent prosecutor tasked with
prosecuting such case following such disqualification;
any defendant against whom such charges are dismissed shall be entitled to an award of all
reasonable attorney's fees and costs incurred by the defendant in defending the case.
(b) A defendant entitled to fees and expenses as provided in this Code section shall file a
motion for reasonable attorney's fees and costs within 45 days of the final termination of
the underlying criminal case. The judge to whom the criminal case was assigned shall
consider and determine such motion for reasonable attorney's fees and costs without a jury
and shall award such reasonable attorney's fees and costs as provided for under this Code
section to such defendant.
(c) Attorney's fees and costs awarded under this Code section shall be paid from the funds
of the office of the prosecuting attorney as budgeted by the county or counties comprising
the judicial circuit of such prosecuting attorney."
PART II
SECTION 2-1.
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 Conviction and
Incarceration Compensation Act.'
17-22-2.
As used in this chapter, the term:
(1) 'Alford plea' means a plea of guilty entered by a defendant while maintaining his or
her innocence, as recognized by the United States Supreme Court in the case of North
Carolina v. Alford, 400 U.S. 25 (1970).
(2) 'Claimant' means an individual seeking compensation under this chapter for his or her
wrongful conviction and incarceration.
(3) 'Prosecuting district attorney' means the district attorney whose office prosecuted the
claimant for the crime or crimes that resulted in the wrongful conviction and
incarceration for which the claimant is seeking compensation under the provisions of this
chapter.
(4) 'State governmental entity' means any office, authority, agency, department, unit,
division, instrumentality, institution, commission, board, branch, or other entity of state
government.
17-22-3.
(a) The Office of State Administrative Hearings, established pursuant to Code Section
50-13-40, shall have the sole and exclusive authority to consider claims of wrongful
conviction and incarceration in accordance with the provisions of this chapter.
(b) For purposes of considering claims of wrongful conviction and incarceration and
awarding compensation pursuant to this chapter, an administrative law judge appointed
pursuant to Code Section 50-13-40 shall be designated by the Office of State
Administrative Hearings for each claim filed under this chapter.
(c) Any such administrative law judge shall be authorized to determine:
(1) Whether a claimant qualifies for compensation under this chapter; and
(2) The amount of compensation, if any, to be awarded under this chapter.
17-22-4.
(a) A claim for compensation under this chapter shall:
(1) Be filed directly with the Office of State Administrative Hearings;
(2) Except as provided in subsections (b) and (c) of this Code section, be filed within
three years after the date of the acknowledgment obtained pursuant to Code Section
17-22-12, or within three years of July 1, 2025, whichever occurs later;
(3) Be captioned 'In the Matter of the Wrongful Conviction of [Claimant];' and
(4) Be served on the Attorney General and the prosecuting district attorney.
(b) If, during the two years before the limitations period under paragraph (2) of
subsection (a) of this Code section would otherwise expire, the claimant obtains new
evidence of innocence that the claimant could not previously have obtained with reasonable
diligence, the claimant may file a claim under this chapter within two years of the date on
which the claimant obtains such new evidence.
(c) If, after the limitations period under paragraph (2) of subsection (a) of this Code section
has expired, the claimant obtains new evidence of innocence that the claimant could not
previously have obtained with reasonable diligence, the claimant may file a claim under
this chapter within two years of the date on which the claimant obtains such new evidence.
(d) A claim for compensation may be brought under this chapter by the heirs at law or the
legal representative of a deceased individual.
17-22-5.
(a) To be eligible to receive compensation under this chapter, a claimant must establish by
a preponderance of evidence to the administrative law judge that:
(1) The claimant was convicted of a felony by a court of this state and served all or part
of the sentence for such felony;
(2) The claimant did not commit the crime for which the claimant was convicted and did
not commit any lesser included offense; and
(3) One of the following apply to the claimant:
(A) The claimant's conviction was reversed or vacated and the charges against the
claimant were dismissed after the conviction was reversed or vacated;
(B) The claimant's conviction was reversed or vacated and the claimant was thereafter
acquitted of the charges;
(C) The claimant's conviction was reversed or vacated and the claimant thereafter
entered an Alford plea or a plea of nolo contendere when the claimant would otherwise
have been entitled to a new trial; or
(D) The claimant received a pardon for the conviction based on the claimant's
innocence.
(b) In evaluating whether a claimant has met the requirements of subsection (a) of this
Code section, an administrative law judge may, in the interest of justice, give due
consideration to difficulties of proof caused by the passage of time, the death or
unavailability of witnesses, the destruction of evidence, and other factors not caused by the
claimant or those acting on the claimant's behalf.
(c) Upon determining that a claimant meets the requirements of subsection (a) of this Code
section, an administrative law judge shall award compensation to the claimant for wrongful
conviction and incarceration in accordance with the provisions of this chapter; provided,
however, that no compensation shall be awarded if the administrative law judge determines
by a preponderance of the evidence that:
(1) The claimant was an accomplice in the commission of the crime for which the
claimant was convicted; or
(2) For the purpose of protecting the true perpetrator from conviction, the claimant
intentionally and voluntarily caused the conviction by entering a guilty plea, by
committing perjury at trial, or by fabricating evidence at trial.
17-22-6.
(a) Upon receiving a claim under this chapter filed and served in accordance with Code
Section 17-22-4, the Office of State Administrative Hearings shall, within 15 days,
designate an administrative law judge to adjudicate the claim and notify the claimant, the
Attorney General, and the prosecuting district attorney of such designation.
(b) Any such administrative law judge shall, within 180 days of being designated to
adjudicate the claim, hold a hearing to determine if the claimant is eligible for
compensation under this chapter, and if so, the amount of compensation to be awarded.
The Attorney General and the prosecuting district attorney shall be entitled to file, within
30 days of such administrative law judge being designated to adjudicate the claim, a
response in opposition to the claim and appear at the hearing for the purpose of contesting
the claim.
(c) At a hearing held pursuant to subsection (b) of this Code section on a claim filed under
this chapter, the claimant, the Attorney General, or the prosecuting district attorney may
present evidence in support of or in opposition to the claimant's eligibility for compensation
under this chapter or regarding the amount of compensation that the claimant is entitled to
pursuant to Code Section 17-22-7. The rules of evidence established in Code Section
50-13-15 shall apply in any such hearing held.
(d) Within 30 days of holding a hearing under subsection (b) of this Code section, the
administrative law judge shall issue a decision on the claimant's eligibility for
compensation under this chapter and the amount of compensation to be awarded under
Code Section 17-22-7, if any, which shall include a statement of the administrative law
judge's findings and an explanation of the administrative law judge's calculation of any
such compensation to be awarded. Within 30 days after the administrative law judge has
issued such decision, the claimant, the Attorney General, or the prosecuting district
attorney may appeal such decision by filing, in accordance with the provisions of Chapter
3 of Title 5, a petition for review in the Superior Court of Fulton County or in the superior
court of the county in which the claimant was prosecuted for the crime or crimes leading
to the wrongful conviction and incarceration, provided that such appeal shall be without
a jury, shall be confined to the record, and nothing in this chapter shall preclude the appeal
of any decision or order issued by such superior court during or upon the completion of its
review of the decision issued by the administrative law judge. If no such appeal of the
administrative law judge's decision is timely filed, such decision shall become final and the
administrative law judge shall, subject to the limitation provided in subsection (e) of this
Code section, issue a judgment either awarding compensation to the claimant or denying
the claim. If such an appeal of the administrative law judge's decision is filed, the
administrative law judge shall only issue a judgment when such appeal process is
completed in accordance with any orders of the reviewing court. The issuance of a
judgment after completion of such appeal process shall be subject to the limitation provided
in subsection (e) of this Code section.
(e) No claimant shall be entitled to compensation under this chapter, and no judgment
awarding compensation to a claimant under this chapter shall be issued by an
administrative law judge under subsection (d) of this Code section, unless and until the
claimant has executed and filed with the Office of State Administrative Hearings a release
and waiver, in a form and manner as the Office of State Administrative Hearings shall
prescribe in consultation with the Department of Administrative Services, that releases,
satisfies, acquits, and forever discharges any and all claims, demands, actions, causes of
action, and damages, of every kind and nature whatsoever, past, present, or future, whether
known or unknown, asserted or unasserted, that the claimant has or may claim to have
against the state, any state governmental entity, or any current or former members, officers,
employees, or agents of the state or any state governmental entity that arise out of or relate
to any and all facts in connection with the claimant's wrongful conviction and
incarceration. Nothing in this subsection shall be construed to require a claimant to release
any claims, demands, actions, causes of action, or damages that the claimant may have or
claim to have against any political subdivision of this state or any current or former
members, officers, employees, or agents of any political subdivision of this state.
17-22-7.
(a) A claimant that satisfies the requirements of and is entitled to compensation under
Code Section 17-22-5 shall be awarded:
(1) For each year of incarceration, $75,000.00, provided that a prorated amount shall be
allocated to any partial year of incarceration;
(2) An additional $25,000.00 for each year of incarceration while awaiting a sentence of
death based on the conviction at issue, provided that a prorated amount shall be allocated
to any partial year of incarceration;
(3) The reasonable and necessary attorney's fees, costs, and expenses incurred by the
claimant or on the claimant's behalf in reversing or vacating the claimant's conviction,
obtaining a pardon, and filing a claim for compensation under this chapter; and
(4) Reimbursement for restitution, costs, fines, fees, or surcharges paid by or on behalf
of the claimant as a result of the wrongful conviction at issue.
(b) In calculating time of incarceration, an administrative law judge shall only include time
served for the charge for which the claimant is making a claim under this chapter,
consistent with the requirements of Code Section 17-10-11; provided, however, that a
claimant shall not be entitled to compensation under this chapter for any portion of a
sentence spent incarcerated during which the claimant was also serving a concurrent
sentence of incarceration for another crime for which the claimant's conviction was not
overturned and for which the claimant was not pardoned based on innocence, except to the
extent that:
(1) The sentence for that crime was longer than it would have been without consideration
by the sentencing court of one or more of the crimes at issue; or
(2) The intact conviction was based on an Alford plea or a plea of nolo contendere
maintaining a claim of innocence that the claimant accepted to resolve the underlying
case after the original conviction was overturned, and the claimant proves by a
preponderance of the evidence that the claimant did not commit the crime that resulted
in the Alford plea or the plea of nolo contendere.
(c) If a claimant has received a monetary award or settlement in a civil action against the
state, any state governmental entity, or any member, officer, employee, or agent of the state
or a state governmental agency arising from or relating to the claimant's wrongful
conviction and incarceration, such amount received by the claimant, less any attorney's
fees, costs, and expenses paid by the claimant in obtaining the civil action award or
settlement, shall be deducted from the amount of the compensation award to which the
claimant is entitled under subsection (a) of this Code section.
(d) Beginning on January 1, 2026, and each year thereafter, the Office of State
Administrative Hearings, by rules and regulations, shall adjust the dollar amounts specified
in subsection (a) of this Code section to reflect the effect of annual inflation or deflation
on the cost of living that citizens of this state experienced in the prior calendar year. In
making such adjustments, the Office of State Administrative Hearings may use the
Consumer Price Index, or its successor or appropriate replacement index, if any, published
by the Bureau of Labor Statistics of the United States Department of Labor.
17-22-8.
(a) Any award of compensation made pursuant to this chapter shall not be:
(1) Subject to any monetary limitation of damages awarded in civil actions;
(2) Subject to any state income taxes; or
(3) Reduced by any expense related to the claimant's wrongful incarceration incurred by
the state or any political subdivision thereof.
(b) No attorney shall collect any fees, costs, or expenses from a claimant in connection
with obtaining relief under this chapter, including any fees, costs, or expenses calculated
on a contingency basis, except for the amounts awarded under paragraph (3) of subsection
(a) of Code Section 17-22-7.
17-22-9.
(a) There is created the Wrongful Conviction and Incarceration Compensation Trust Fund
as a separate fund in the state treasury. The state treasurer shall credit to the trust fund all
moneys appropriated by the General Assembly for the purpose of providing claimants with
compensation under this chapter and shall invest the moneys held in the trust fund in the
same manner in which state funds are invested as authorized by the State Depository Board
pursuant to Article 3 of Chapter 17 of Title 50.
(b) No award of compensation issued under this chapter shall be payable except from the
Wrongful Conviction and Incarceration Compensation Trust Fund. Nothing in this chapter
shall be construed to authorize any execution or levy against any state property or state
funds, and such execution or levy against any state property or state funds for purposes of
paying compensation awards issued under this chapter is expressly prohibited. The liability
of the state under this chapter shall never exceed the amount of funds available in the
Wrongful Conviction and Incarceration Compensation Trust Fund and no award of
compensation issued under this chapter shall be payable unless and until the General
Assembly appropriates moneys for the payment thereof.
(c) Subject to the availability of funds, any award of compensation issued under this
chapter shall be paid out of the Wrongful Conviction and Incarceration Compensation
Trust Fund as follows:
(1)(A) If the judgment awarding such compensation is issued by the administrative law
judge pursuant to subsection (d) of Code Section 17-22-6 before September 1 of a given
calendar year, the state treasurer shall pay to the claimant an initial sum of $6,000.00
within 60 days of such judgment being issued and such judgment being presented to the
state treasurer for payment, and such initial sum shall be deducted from the total award
amount.
(B) If the judgment awarding such compensation is issued by the administrative law
judge pursuant to subsection (d) of Code Section 17-22-6 on or after September 1 of a
given calendar year, the state treasurer shall pay to the claimant an initial sum of
$18,000.00 within 60 days of such judgment being issued and such judgment being
presented to the state treasurer for payment, and such initial sum shall be deducted from
the total award amount.
(2) Thereafter, the General Assembly shall, through an amended appropriations Act for
the current fiscal year for a judgment issued before September 1 of a given calendar year
or through the general appropriations Act for the next fiscal year for a judgment issued
on or after September 1 of a given calendar year, appropriate a sum sufficient to pay the
remainder of the award of compensation; provided, however, that, for any award of
compensation that exceeds $1.5 million, the General Assembly shall appropriate such
sum in equal amounts over three separate fiscal years. Within 60 days of such
appropriation being made and such funds being credited to the Wrongful Conviction and
Incarceration Compensation Trust Fund, the state treasurer shall pay to the claimant the
remainder of the award of compensation; provided, however, that, if such award exceeds
$1.5 million, the state treasurer shall pay to the claimant the remainder of the award in
three equal payments, each within 60 days of such amounts being appropriated by the
General Assembly and credited to the Wrongful Conviction and Incarceration
Compensation Trust Fund.
(d) Any payment of an award of compensation pursuant to subsection (c) of this Code
section may be made to or for the benefit of the claimant, or, in the case of the death of the
claimant, to or for the benefit of one or more heirs at law or designated beneficiaries of the
claimant.
17-22-10.
Subject to the provisions and limitations of this chapter, the sovereign immunity of this
state is waived for the purpose of authorizing claimants to file claims for and seek
compensation awards under this chapter and for authorizing payment of any judgment
awarding such compensation from the Wrongful Conviction and Incarceration
Compensation Trust Fund.
17-22-11.
The Office of State Administrative Hearings, through the chief state administrative law
judge, shall have the power to promulgate any rules and regulations and establish any
procedures that are necessary to carry out, and are not inconsistent with, the provisions of
this chapter.
17-22-12.
(a) A court entering a dismissal or judgment of acquittal after a defendant's criminal
conviction has been overturned, vacated, or reversed shall provide a copy of this chapter
to the defendant at the time of entry of the dismissal or acquittal and obtain from the
defendant a written acknowledgment of receipt of a copy of this chapter on a form
established by the Supreme Court of Georgia. Such acknowledgment shall be transmitted
by the court to the Supreme Court of Georgia and shall be entered on the docket by the
Supreme Court of Georgia. The acknowledgment shall be admissible in any proceeding
subsequently filed by the defendant under this chapter.
(b) Upon the issuance and acceptance of a pardon of innocence or a commutation of
sentence resulting in release because of a finding of innocence, the State Board of Pardons
and Paroles shall provide a copy of this chapter to the individual receiving the pardon or
commutation and obtain from the individual a written acknowledgment of receipt of a copy
of this chapter on a form established by the State Board of Pardons and Paroles. The
acknowledgment shall be retained on file by the State Board of Pardons and Paroles as part
of its official records and shall be admissible in any proceeding subsequently filed by the
individual under this chapter."
SECTION 2-2.
Title 28 of the Official Code of Georgia Annotated, relating to General Assembly, is
amended in Part 2 of Article 4 of Chapter 5, relating to claims against state, departments, or
agencies, by adding a new Code section to read as follows:
"28-5-87.
The Claims Advisory Board shall not consider and no compensation shall be paid under
this article concerning any claim against the state for any wrongful conviction and
incarceration."
PART III
SECTION 3-1.
(a) Except as provided in subsection (b) of this Section, this Act shall become effective on
July 1, 2025.
(b) Part I of this Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to all criminal cases pending on and
after such effective date.
SECTION 3-2.
All laws and parts of laws in conflict with this Act are repealed.