House approves measure on prosecutor disqualification fees and creates wrongful conviction compensation process

Chairman Martin presented Senate Bill 244 and described two parts of the measure: part one allows a defendant whose case is dismissed after a prosecuting attorney is disqualified for improper conduct to seek reasonable attorneys’ fees and costs; part two establishes a statutory Wrongful Conviction and Incarceration Compensation Act to provide a process and a trust fund for compensation for exonerees.

Why it matters: Part one drew sharp floor opposition from members who said the provision targets a particular prosecuting office and could shift substantial costs to county prosecuting budgets; proponents said it is a fair remedy where prosecutorial misconduct causes dismissal. Part two has been the subject of years of bipartisan committee work to create a statutory mechanism for compensating the wrongly convicted; sponsors argued the statute would create a consistent, adjudicated process and set compensation formulas.

Debate highlights: Representative Derek Jackson spoke in opposition and framed the bill as undermining the rule of law and risking taxpayer funds for lawyers’ fees. Representative Holland (Fulton County) said the measure would, in effect, punish Fulton County taxpayers for high‑profile prosecutions and could chill prosecutorial willingness to try difficult cases. Representative Holcomb and Chairman Dempsey argued for the wrongful‑conviction compensation provisions, describing a judge‑led administrative process, time limits, and a compensation schedule discussed in committee that included $75,000 per year of wrongful incarceration and an additional $25,000 per year for those who spent time on death row.

Key provisions described on the floor: part one creates a right to recovery of reasonable fees where a prosecutor is disqualified for misconduct and a subsequent dismissal occurs; part two sets up an administrative claims process, notice to the attorney general and the original prosecuting attorney, a hearing timeline, an offset for civil recoveries and a recommended award formula (floor remarks referenced $75,000 per year with additional amounts for death‑row exonerees) to be administered through a wrongful conviction compensation trust fund.

Vote and action: The House adopted committee substitutes, heard extensive debate and minority reports, and passed SB 244 by recorded vote (the clerk announced 103 yeas, 61 nays). Floor debate included repeated assertions that the bill was not limited to a single county under its text, and that part two addresses long‑standing problems in compensating exonerees.

Ending: The vote followed heated debate over local fiscal impacts and the appearance of political targeting; sponsors emphasized the bipartisan work on wrongful‑conviction compensation and urged passage of both parts.