summary
Introduced
02/19/2025
02/19/2025
In Committee
03/04/2025
03/04/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
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.
AI Summary
This bill creates the Wrongful Conviction Compensation Act, which establishes a comprehensive process for individuals who have been wrongfully convicted to seek financial compensation. Under the new law, individuals who were convicted of a felony in Georgia, served part or all of their sentence, and can prove their innocence through specific legal channels (such as having their conviction reversed, being acquitted upon retrial, or receiving a pardon based on innocence) can file a claim with the Office of State Administrative Hearings within three years of their exoneration. An administrative law judge will evaluate the claim and determine eligibility, with compensation calculated at $75,000 per year of incarceration, plus additional amounts for death row time, attorney's fees, restitution reimbursement, and reintegration services. The bill includes provisions that prevent compensation for individuals who were accomplices or intentionally caused their own conviction, and allows for some flexibility in proof due to challenges like passage of time or lost evidence. Compensation will be paid from judiciary funds, is not subject to state income tax, and can be paid to the claimant or their heirs, with payments over $1.5 million to be made in three annual installments. The bill also requires courts and the State Board of Pardons and Paroles to provide claimants with information about the compensation process.
Committee Categories
Justice
Sponsors (6)
Katie Dempsey (R)*,
Chuck Efstration (R)*,
Scott Holcomb (D)*,
Tyler Smith (R)*,
Darlene Taylor (R)*,
Marcus Wiedower (R)*,
Last Action
House Withdrawn, Recommitted (on 04/04/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.ga.gov/legislation/70516 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20252026/235092 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20252026/232975 |
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