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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 22. WRONGFUL CONVICTION AND INCARCERATION COMPENSATION

17-22-4. Claim procedure.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A claim for compensation under this chapter shall:#

    1. (1)

      Be filed directly with the Office of State Administrative Hearings;#

    2. (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. (3)

      Be captioned “In the Matter of the Wrongful Conviction of [Claimant];” and#

    4. (4)

      Be served on the Attorney General and the prosecuting district attorney.#

  2. (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.#

  3. (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.#

  4. (d)

    A claim for compensation may be brought under this chapter by the heirs at law or the legal representative of a deceased individual.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 17-22-4, enacted by Ga. L. 2025, p. 887, § 2-1/SB 244, effective July 1, 2025.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-pdf.pdf, Volume V15, 2020 edition, 2025 supplement, pages 178 to 179; merge action: added; file SHA-256 9ed85bfde942.

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