BillTrack50 logo
Free Signup Login
Bill

Bill > SB244

GA SB244

GA SB244
Criminal Proceedings; the award of reasonable attorney's fees and costs in a criminal case to the defendant upon such defendant making a successful motion to disqualify the prosecuting attorney for misconduct in connection with the case; provide

summary

Introduced
02/24/2025
In Committee
03/28/2025
Crossed Over
03/06/2025
Passed
04/10/2025
Dead
Signed/Enacted/Adopted
05/14/2025

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 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.

AI Summary

This bill establishes a comprehensive framework for compensating individuals who have been wrongfully convicted and incarcerated in Georgia, creating the Wrongful Conviction and Incarceration Compensation Act. The bill allows individuals who have had their felony convictions overturned, been acquitted after a reversal, received a pardon based on innocence, or entered an Alford plea to file a claim for compensation through the Office of State Administrative Hearings. Claimants can receive $75,000 for each year of incarceration, with an additional $25,000 for years spent awaiting a death sentence, plus reimbursement for attorney's fees, court costs, and any restitution or fines paid. The bill also provides a mechanism for prosecutors to reimburse defendants' attorney's fees if a prosecuting attorney is disqualified for misconduct and the criminal case is subsequently dismissed. Compensation will be paid from a newly established Wrongful Conviction and Incarceration Compensation Trust Fund, with initial payments ranging from $6,000 to $18,000 and the remainder to be appropriated by the Georgia General Assembly. Importantly, claimants must execute a release waiving future claims against the state in order to receive compensation, and the bill includes provisions to adjust compensation amounts annually for inflation beginning in January 2026.

Committee Categories

Justice

Sponsors (16)

Last Action

Effective Date 2025-07-01 (on 05/14/2025)

bill text

bill summary

Loading...

bill summary

Loading...
Loading...