HB 24 - Conviction of innocent persons; remedies
Georgia House of Representatives - 1995/1996 Sessions
HB 24 - Conviction of innocent persons; remedies
Page Numbers - 1/ 2
1. Woods 32nd
House Comm: / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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Code Sections amended: 42-9-61, 51-7-90,51-7-91
HB 24 LC 22 1334
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide remedies for persons who are innocent of the
1- 2 crime or crimes for which they were convicted; to amend
1- 3 Article 2 of Chapter 9 of Title 42 of the Official Code of
1- 4 Georgia Annotated, relating to grants of pardons, paroles,
1- 5 and other relief, so as to provide for the immediate release
1- 6 of incarcerated persons in certain circumstances; to amend
1- 7 Chapter 7 of Title 51 of the Official Code of Georgia
1- 8 Annotated, relating to false arrest, false imprisonment,
1- 9 malicious prosecution, and abusive litigation, so as to
1-10 provide for a cause of action for conviction of innocent
1-11 persons; to provide for damages; to repeal conflicting laws;
1-12 and for other purposes.
1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-14 Article 2 of Chapter 9 of Title 42 of the Official Code of
1-15 Georgia Annotated, relating to grants of pardons, paroles,
1-16 and other relief, is amended by inserting a new Code section
1-17 to be designated Code Section 42-9-61, to read as follows:
1-18 "42-9-61. (Index)
1-19 Upon receiving clear and convincing evidence that a person
1-20 who is incarcerated in a state or county correctional
1-21 institution or facility is innocent of the crime or crimes
1-22 of which the person was convicted, the board shall order
1-23 the immediate release of such person, unless there are one
1-24 or more additional convictions for which evidence of
1-25 innocence has not been received."
SECTION 2.
1-26 Chapter 7 of Title 51 of the Official Code of Georgia
1-27 Annotated, relating to false arrest, false imprisonment,
1-28 malicious prosecution, and abusive litigation, is amended by
1-29 inserting a new article, to be designated Article 6, to read
1-30 as follows:
-1- (Index)
LC 22 1334
"ARTICLE 6
2- 1 51-7-90. (Index)
2- 2 A person who is convicted of a crime or crimes shall have
2- 3 a right of action against the state if such person is
2- 4 innocent of the crime or crimes.
2- 5 51-7-91. (Index)
2- 6 Damages for conviction of an innocent person shall include
2- 7 the following:
2- 8 (1) Twice the loss of income due to incarceration;
d d noti d ¤ A 8@ d A 8@ d rA 8@ d ÙA 8@ d @A 8@ d §A 8@ d A
2-10 imposed as a result of the conviction; and
2-11 (3) Reasonable attorney's fees and expenses of defense
2-12 against prosecution."
SECTION 3.
2-13 All laws and parts of laws in conflict with this Act are
2-14 repealed.
-2- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97