GeorgiaSB 2442025-2026 Regular SessionSenate

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), Jason T. Dickerson (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)

Became Law

Judiciary Non-CivilJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

Defense fees after prosecutor misconduct

If the prosecutor is removed for misconduct and your case is dismissed, you can get back reasonable lawyer fees and costs. You must file a motion within 45 days after the case finally ends. A judge, not a jury, decides the amount. The prosecutor’s office pays from its county budget.

How payments and funding work

The state pays awards only from the Wrongful Conviction and Incarceration Compensation Trust Fund. If your judgment is before September 1, you get $6,000 within 60 days; on or after September 1, you get $18,000 within 60 days. The rest is paid after lawmakers fund the Trust Fund; if the award is over $1.5 million, the remainder is paid in three equal yearly amounts. You must sign a release that waives claims against the state to receive payment. Payments can go to you or, if you died, to your heirs or named beneficiaries. The state waives sovereign immunity so these claims can be paid from the Trust Fund. The Claims Advisory Board cannot hear these wrongful‑conviction claims.

What wrongful claimants get paid

You get $75,000 for each year in prison, prorated for part years. You also get $25,000 more per year if you were incarcerated while awaiting a death sentence, prorated. The award can repay reasonable legal fees to clear your name and to file the claim, and it can repay restitution, fines, fees, and surcharges you paid. Payments are not taxed by the state, are not cut by the government’s incarceration costs, and are not limited by civil damage caps. If you already won money from the state for the same case, your award is reduced by that amount minus the legal costs you paid to get it. Starting January 1, 2026, the award amounts update each year for inflation. Attorneys cannot charge you extra fees beyond what the law awards.

Who qualifies and what time counts

To qualify, you must prove you were convicted of a Georgia felony, served time, did not commit the crime or a lesser offense, and had your case dismissed or were acquitted after reversal, entered an Alford or nolo plea after reversal with a right to a new trial, or got a pardon for innocence. You cannot get paid if you were an accomplice, or if you caused your own conviction by a guilty plea to shield the real perpetrator, lying under oath, or making up evidence. The judge counts only the time you served for the charge at issue. Time served at the same time for other convictions is not counted, unless the other sentence was longer because it considered the crimes at issue, or it was an Alford or nolo plea taken after your conviction was overturned and you prove innocence.

How to file and timelines

Georgia creates the Wrongful Conviction and Incarceration Compensation Act and a single process to handle claims. The Office of State Administrative Hearings runs all cases and sets rules. An administrative law judge is assigned within 15 days, holds a hearing within 180 days, and issues a decision within 30 days after the hearing. You must file within three years after your acknowledgment date or within three years of July 1, 2025, whichever is later; or within two years of new evidence. You must serve the Attorney General and the local district attorney. Courts and the Board of Pardons must give you a copy of this law and get a signed acknowledgment when your conviction is overturned, dismissed, or pardoned.

When these changes take effect

Most of this law takes effect July 1, 2025. The rule to recover defense lawyer fees after a prosecutor is disqualified takes effect when the Governor approves it or it becomes law without approval, and it applies to criminal cases pending on and after that date.

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

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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