GeorgiaHB 1762025-2026 Regular SessionHouse

Appeal and error; judgments deemed directly appealable; change a provision

Sponsored By: Stacey Evans (Democrat), Stan Gunter (Republican), Tanya Miller (Democrat), Tyler Paul Smith (Republican)

Signed by Governor

Judiciary Non-CivilJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Appeal or withdraw a guilty plea

After a guilty plea that leads to conviction, you can move to withdraw the plea within 30 days of judgment or within the term of court, whichever is later. Filing stops the statute of limitations and the speedy-trial demand until the court decides the motion. If you want to directly appeal a guilty plea, you must use the application process under Code Section 5-6-35.

Extra time and counsel for late appeals

You can ask for leave to file an out-of-time motion for new trial or notice of appeal within 100 days after the original deadline. Valid reasons include state consent, excusable neglect, poor performance by your lawyer, or other good cause. If the judge grants leave, you have 30 days to file, and the court can give more time. If you cannot afford a lawyer, you have the right to appointed counsel for this process. If your earlier case was dismissed under Cook v. State, you can file for leave until June 30, 2026, and the 100‑day limit does not apply.

Partial rulings now appealable as final

In a multi-count criminal case, an order that decides fewer than all counts is a final judgment when the rest are dead‑docketed. You can appeal right away under the normal appeal rules.

New trial motions: amend and timing

You may amend a motion for new trial any time before the judge rules. If you make a substantial change, the State gets at least 10 days to respond and present evidence. The court can allow a longer response time.

Sponsors & Cosponsors

Sponsors

  • Stacey Evans

    Democrat • House

  • Stan Gunter

    Republican • House

  • Tanya Miller

    Democrat • House

  • Tyler Paul Smith

    Republican • House

Cosponsors

  • Brian Strickland

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 219 • No: 0

Senate vote 4/2/2025

PASSAGE

Yes: 51 • No: 0

House vote 2/26/2025

PASSAGE

Yes: 168 • No: 0

Actions Timeline

  1. House Date Signed by Governor

    5/14/2025House
  2. Act 252

    5/14/2025
  3. Effective Date

    5/14/2025
  4. House Sent to Governor

    4/8/2025House
  5. Senate Tabled

    4/2/2025Senate
  6. Senate Taken from Table

    4/2/2025Senate
  7. Senate Third Read

    4/2/2025Senate
  8. Senate Passed/Adopted

    4/2/2025Senate
  9. Senate Read Second Time

    3/13/2025Senate
  10. Senate Committee Favorably Reported

    3/11/2025Senate
  11. Senate Read and Referred

    2/27/2025Senate
  12. House Third Readers

    2/26/2025House
  13. House Passed/Adopted By Substitute

    2/26/2025House
  14. House Committee Favorably Reported By Substitute

    2/20/2025House
  15. House Second Readers

    2/3/2025House
  16. House First Readers

    1/30/2025House
  17. House Hopper

    1/29/2025House

Bill Text

  • HB 176/AP* (v6)

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