A bid to reform Georgia’s process for compensating wrongfully convicted individuals nearly failed but was revived by attaching it to a bill potentially benefiting President Donald Trump and his codefendants. This legislation, known as Senate Bill 244, gained final approval on the last day of Georgia’s legislative session.
If Republican Governor Brian Kemp signs the bill into law, it would permit criminal defendants to recover attorneys’ fees when a prosecutor is disqualified, resulting in the dismissal of their case. Additionally, it would introduce a state law mandating an administrative law judge to award $75,000 per year of incarceration to individuals proven innocent after a wrongful conviction. Currently, Georgia is one of 12 states without a legal framework for compensating wrongfully convicted individuals, relying instead on legislative approval, a process fraught with political hurdles.
The bill’s origin is linked to the indictment of Trump and 18 codefendants in Fulton County in August 2023. The case saw Fulton County District Attorney Fani Willis disqualified due to a conflict of interest, prompting state Senator Brandon Beach to propose the measure. Beach, recently appointed as the U.S. Treasurer by Trump, introduced the bill following his years of support for the president.
In the Senate, the bill passed with a 35-18 vote, while the House approved it with a 103-61 majority. Despite some bipartisan support, many Democrats opposed the bill, criticizing it as an example of “punitive politics.” Concerns were raised about forcing constituents to pay legal fees for powerful politicians while trying to support justice for the wrongfully convicted.
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The passage follows a push by Republican Senate Majority Whip Randy Robertson, who opposed previous compensation measures and sought to remove the decision-making process from the legislature. Despite his reservations about the innocence of some seeking compensation, Robertson supported this year’s bill.
State Rep. Katie Dempsey, a Republican sponsor, voiced that the bill offers the wrongfully convicted a fair chance, free from legislative retrials. Democratic Rep. Scott Holcomb advocated for the bill, emphasizing the irreplaceable loss experienced by those wrongfully imprisoned.
