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GA SB244

Bill

Status

Passed

5/14/2025

Primary Sponsor

Brandon Beach

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Origin

Senate

2025-2026 Regular Session

AI Summary

  • Defendants in felony or misdemeanor cases are entitled to reasonable attorney's fees and costs when the prosecuting attorney is disqualified for misconduct and the case is subsequently dismissed, with fees paid from the prosecuting attorney's office budget

  • Creates the "Wrongful Conviction and Incarceration Compensation Act" allowing individuals wrongfully convicted of felonies in Georgia to seek compensation of $75,000 per year of incarceration, plus an additional $25,000 per year if on death row

  • Claimants must prove by preponderance of evidence they did not commit the crime and their conviction was reversed/vacated, charges dismissed, they were acquitted, or they received an innocence-based pardon

  • Establishes the Wrongful Conviction and Incarceration Compensation Trust Fund to pay awards, with compensation exceeding $1.5 million paid in three equal installments over three fiscal years

  • Claims must be filed with the Office of State Administrative Hearings within three years of eligibility acknowledgment or July 1, 2025 (whichever is later), and claimants must sign a waiver releasing claims against the state before receiving compensation

Legislative Description

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

Last Action

Effective Date 2025-07-01

5/14/2025

Committee Referrals

Judiciary - Non-Civil3/10/2025
Judiciary2/26/2025

Full Bill Text

No bill text available