HB 533: Wrongful Conviction Compensation Act; enact

The House Committee on Judiciary, Non-Civil offers the following substitute to HB 533:

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 allow for wrongful conviction compensation claims; to provide for a short title; 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 require an administrative law judge to make eligibility and compensation recommendations to the Chief Justice of the Supreme Court of Georgia; to establish guidelines for determining compensation and provide for payments; 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 compensation claims from the purview of the Claims Advisory Board; to provide for related matters; 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 Conviction Compensation Act.'

17-22-2.

As used in this chapter, the term 'conviction' includes a juvenile delinquency adjudication under Code Section 15-11-582.

17-22-3.

(a) The Office of State Administrative Hearings, established pursuant to Code Section 50-13-40, shall have the authority to consider claims of wrongful conviction and recommend compensation pursuant to this chapter to the Chief Justice of the Supreme Court of Georgia.

(b) For purposes of considering claims of wrongful conviction and making recommendations of 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, with any such amount to be included in the administrative law judge's transmittal provided for in subsection (a) of Code Section 17-22-8.

17-22-4.

(a) A claim for compensation under this chapter shall be:

(1) Filed directly with the Office of State Administrative Hearings;

(2) Filed within three years after the date of the acknowledgment provided pursuant to Code Section 17-22-10, or within three years of July 1, 2025, whichever occurs later, except as provided in subsections (b) and (c) of this Code section; and

(3) Captioned 'In the Matter of the Wrongful Conviction of [Claimant].'

(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 may be brought under this chapter by the heirs at law of a deceased individual.

17-22-5.

(a) As used in this Code section, the term '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 North Carolina v. Alford, 400 U.S. 25 (1970).

(b) 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 that 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 acquitted of the charges upon retrial;

(C) The claimant's conviction was reversed or vacated, and the claimant 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 based on innocence for the conviction.

(c) In evaluating whether a claimant has met the requirements of subsection (b) 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.

(d) Upon determining that a claimant meets the criteria of subsection (b) of this Code section, an administrative law judge shall recommend to the Chief Justice of the Supreme Court of Georgia that the claimant be awarded compensation for wrongful conviction and incarceration, unless 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 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.

(b) Any such administrative law judge shall:

(1) Within 15 days of being designated to adjudicate the claim, provide the Attorney General with notice of the claim and an opportunity to respond within 60 days; and

(2) Within 180 days of being designated to adjudicate the claim, commence a hearing to determine if the claimant is eligible for compensation under this chapter, and if so, the amount of compensation to be recommended to the Chief Justice of the Supreme Court of Georgia.

(c) Except as otherwise provided in this chapter:

(1) All proceedings pursuant to this chapter shall be conducted in accordance with the provisions of Article 2 of Chapter 13 of Title 50; and

(2) The rules of evidence established in Code Section 50-13-15 shall apply in any hearing held under this Code section.

(d) A claimant may obtain judicial review of the final decision of the administrative law judge under this chapter in accordance with Code Section 50-13-19, and all administrative remedies shall be deemed to have been exhausted for purposes of review in accordance with Code Section 50-13-19.

17-22-7.

(a) As used in this Code section, the term 'Alford plea' shall have the same meaning as set forth in Code Section 17-22-5.

(b) In recommending compensation to the Chief Justice of the Supreme Court of Georgia pursuant to subsection (a) of Code Section 17-22-8, an administrative law judge shall include:

(1) For each year of incarceration, $75,000.00, provided that a prorated amount shall be allocated to any partial year served;

(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 served;

(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;

(4) Reimbursement for restitution, costs, fines, fees, or surcharges paid by or on behalf of the claimant as a result of the conviction at issue; and

(5) Reimbursement for any reasonable reintegrative services and mental and physical healthcare costs incurred by the claimant for the period between the claimant's release from incarceration and the date of the claimant's award.

(c) 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, and that there was no crime committed. (d)(1) Any payment of compensation 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.

(2) Payment of compensation shall be made in the form of cash; provided, however, that payment of any amount in excess of $1.5 million shall be made in three equal annual installments.

(e) The dollar amounts specified in this Code section shall be adjusted annually by an amount calculated by multiplying such dollar amounts, as adjusted for the preceding year, by the annual percentage change in 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 for the preceding calendar year, commencing on January 1, 2025.

17-22-8.

(a) Upon making a final determination that a claimant is eligible for compensation and of the amount of compensation to be provided under this chapter, the administrative law judge shall transmit a written recommendation to the Chief Justice of the Supreme Court of Georgia, including:

(1) A statement of findings as to whether the claimant meets the requirements for compensation under this chapter; and

(2) A statement explaining the administrative law judge's calculation of the amount of compensation due, in accordance with Code Section 17-22-7.

(b) Subject to funds appropriated by the General Assembly, an award of compensation under this chapter shall be paid out of the funds appropriated for the judiciary. If the Chief Justice receives the recommendation of the administrative law judge before September 1, he or she shall include the compensation recommended by the administrative law judge under this chapter in the amended budget for the Judicial Council of Georgia for the current fiscal year, and shall issue a transitional assistance advance to the successful claimant of $6,000.00 within 60 days, to be deducted from the aggregate award. If the Chief Justice receives the recommendation of the board on or after September 1, he or she shall include the compensation recommended by the administrative law judge under this chapter in the budget for the Judicial Council of Georgia for the next fiscal year, and shall issue a transitional assistance advance to the successful claimant of $18,000.00 within 60 days, to be deducted from the aggregate award.

(c) 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; provided, however, that the award of attorney's fees shall be subject to taxation; or

(3) Offset by any expense incurred by the state or any political subdivision thereof related to the claimant's incarceration.

(d) Claimant's attorneys may not collect any fees, costs, or expenses for 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 (b) of Code Section 17-22-7.

(e) The General Assembly waives sovereign immunity of this state for the purpose of authorizing payment of claims against this state pursuant to the authority of this chapter.

17-22-9.

(a) If, at the time an administrative law judge makes a recommendation for compensation under this chapter, the claimant has received a monetary award or settlement in a civil action against the state or any political subdivision thereof arising from the wrongful conviction, the amount previously 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 award to be recommended under this chapter.

(b) If, after the time an administrative law judge makes a recommendation for compensation under this chapter, the claimant receives a monetary award or settlement in a civil action against the state or any political subdivision thereof arising from the wrongful conviction, the claimant shall reimburse the state for the amount of compensation the claimant received in the civil action award or settlement, up to the full amount awarded under this chapter, less any attorney's fees, costs, and expenses paid by the claimant in obtaining the civil action award or settlement.

17-22-10.

(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. The defendant must acknowledge receipt of a copy of this chapter in writing on a form established by the Supreme Court of Georgia. Such acknowledgment shall be entered on the docket by the Supreme Court of Georgia and shall be admissible in any proceeding subsequently filed by the defendant under this chapter.

(b) Upon the issuance 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. The individual must acknowledge receipt of a copy of this chapter in writing on a form established by the State Board of Pardons and Paroles, which shall be retained on file by such board as part of its official records and shall be admissible in any proceeding subsequently filed by the individual under this chapter."

SECTION 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 provisions of this part shall not apply to a claim made pursuant to Chapter 22 of Title 17, the 'Wrongful Conviction Compensation Act."

SECTION 3.

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