GeorgiaSB 2442025-2026 Regular SessionSenateWALLET

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

Sponsored By: John Albers (Republican), Lee Anderson (Republican), Brandon Beach (Republican), Greg Dolezal (Republican), Drew Echols (Republican), Russ Goodman (Republican), Marty Harbin (Republican), Bo Hatchett (Republican), Mike Hodges (Republican), Chuck Payne (Republican), Randy Robertson (Republican), Ed Setzler (Republican), Brian Strickland (Republican), Carden Summers (Republican), Blake Tillery (Republican)

Signed by Governor

Judiciary Non-CivilJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Compensation recipients get tax and fee protections

Awards under Georgia's wrongful-conviction compensation law are exempt from Georgia state income tax. Attorneys cannot collect fees, costs, or expenses from claimants for seeking relief under this law. That ban includes taking a percentage of the compensation award. Attorneys can collect amounts specifically awarded for qualifying legal fees, costs, and expenses.

Wrongfully imprisoned people get compensation with limits

Beginning July 1, 2025, Georgia provides a new state compensation process for people wrongfully convicted of a Georgia felony. Claimants must have served some or all of the sentence and prove innocence by showing it is more likely than not. They must prove they committed neither the crime nor a lesser included offense. Eligible outcomes include an innocence pardon, or a reversed or vacated conviction followed by dismissal or acquittal. An Alford or no-contest plea also qualifies when the claimant was entitled to a new trial. Accomplices and people who deliberately caused their conviction to protect the true offender cannot receive compensation. Time served alongside another conviction that remains valid generally does not count, with exceptions for enhanced sentences and qualifying pleas. Heirs or legal representatives can file for someone who has died. Compensation is $75,000 per eligible prison year, plus $25,000 per year spent awaiting imposition of a death sentence. Partial years count, and annual adjustments for inflation or deflation begin January 1, 2026, using the Consumer Price Index. Awards can cover reasonable, necessary legal fees and expenses for overturning the conviction, obtaining a pardon, and seeking compensation. They also repay restitution, fines, costs, fees, and surcharges paid because of the conviction. Related civil settlements or judgments reduce the award after legal fees and costs are deducted. There is no dollar cap, and state incarceration expenses do not reduce awards. Initial payments are $6,000 or $18,000, depending on whether judgment comes before or on/after September 1. Awards over $1.5 million are paid in three equal amounts in separate fiscal years. Payment requires releasing all known and unknown related claims against Georgia and covered state entities and personnel, but not local governments. Awards come only from a new state treasury trust fund, and payment requires available funds and legislative appropriations. Georgia's liability is limited to that fund. Claims go directly to the Office of State Administrative Hearings, with copies served on the Attorney General and prosecuting district attorney. An administrative judge decides eligibility and payment; the office can adopt rules for this process. Hearing and decision targets are 180 days after filing and 30 days after the hearing. Appeals go to Superior Court and are limited to the administrative record. Courts and the parole board must provide the law and obtain receipt acknowledgments, which go to the Georgia Supreme Court. Claims generally are due three years after that acknowledgment or July 1, 2028, whichever is later. New innocence evidence obtained within two years before the deadline, or after it expires, allows filing within two years of obtaining it.

Defendants recover fees after prosecutor misconduct

Defendants are entitled to all reasonable defense attorney fees and costs when prosecutor misconduct leads to disqualification and later dismissal. This applies to felony and misdemeanor cases dismissed by the court or a later prosecutor. Defendants must request payment within 45 days after the criminal case's final termination. The assigned judge sets the award. Payment comes from county funds budgeted for the prosecutor's office in the judicial circuit.

Wrongful-conviction claimants lose the claims-board route

Beginning July 1, 2025, Georgia's Claims Advisory Board cannot consider wrongful-conviction and incarceration claims against the state. Compensation also cannot be paid under that state claims process. Claimants must use the new administrative compensation process for state compensation.

Sponsors & Cosponsors

Cosponsors

Charles Martin
Republican • House

Roll Call Votes

All Roll Calls

Yes: 193 • No: 79

Senate vote • 4/4/2025

AGREE TO HOUSE SUBSTITUTE

Yes: 35 • No: 18

House vote • 4/2/2025

PASSAGE

Yes: 103 • No: 61 • Other: 2

Senate vote • 3/6/2025

PASSAGE AS AMENDED

Yes: 55 • No: 0

Actions Timeline

Effective Date
7/1/2025
Senate Date Signed by Governor
5/14/2025Senate
Act 361
5/14/2025
Senate Sent to Governor
4/10/2025Senate
Senate Agreed House Amend or Sub
4/4/2025Senate
House Third Readers
4/2/2025House
House Passed/Adopted By Substitute
4/2/2025House
House Committee Favorably Reported By Substitute
3/28/2025House
House Second Readers
3/11/2025House
House First Readers
3/10/2025House
Senate Tabled
3/6/2025Senate
Senate Taken from Table
3/6/2025Senate
Senate Third Read
3/6/2025Senate
Senate Passed/Adopted As Amended
3/6/2025Senate
Senate Read Second Time
3/4/2025Senate
Senate Committee Favorably Reported
3/3/2025Senate
Senate Read and Referred
2/26/2025Senate
Senate Hopper
2/24/2025Senate

Bill Text

SB 244/AP* (v9)
PDF

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