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GA SB290
Bill
Status
4/14/2011
Primary Sponsor
Hardie Davis
Click for details
AI Summary
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Establishes the Georgia Innocence Inquiry Commission as an independent body under the judicial branch to investigate credible claims of factual innocence by living persons convicted of felonies in superior court, where there is verifiable evidence of innocence not previously presented at trial or post-conviction proceedings.
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Composes the commission of 8 voting members—including a superior court judge (serving as chair), a prosecutor, a victim advocate, a criminal defense attorney, a sheriff, a public member, and 2 at the Chief Justice's discretion—appointed by the Chief Justice and Chief Judge of the Court of Appeals on a rotating basis for 3-year terms.
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Requires convicted persons to voluntarily waive procedural safeguards and privileges, cooperate fully with the commission, and provide complete disclosure; non-cooperation results in the inquiry being discontinued, and the person has the right to counsel throughout the process.
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Refers cases to the senior superior court judge in the original jurisdiction if at least 5 of 8 commission members (or all 8 in guilty plea cases) find sufficient evidence of factual innocence; the convicted person must then prove innocence by clear and convincing evidence at an evidentiary hearing for charges to be dismissed.
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Takes effect only upon a specific appropriation of funds by the General Assembly, and requires the commission to submit annual reports to the Senate Judiciary Committee and House Committee on Judiciary with recommendations on legislative changes and funding needs.
Legislative Description
Georgia Innocence Inquiry Commission; create; provide a purpose; define certain terms; membership and appointment
Last Action
Senate Read Second Time
2/27/2012