ATLANTA (AP) — An renewed effort to address issues with Georgia's inefficient system for compensating Individuals who were wrongly convicted of crimes nearly lost their lives. Subsequently, this issue was added to a bill that proposed compensation for former President Donald Trump and over a dozen co-defendants for legal expenses. This occurred after they faced charges for allegedly trying to reverse his electoral defeat in Georgia in 2020.
The combined bill , Senate Bill 244 secured final approval on Friday, which marked the concluding day of Georgia's legislative session.
Should Republican Governor Brian Kemp sign this legislation, it will permit criminal defendants to recover their legal expenses and associated costs when a prosecutor becomes ineligible and the charges get dropped. Additionally, the proposed law mandates that an administrative law judge must provide compensation of $75,000 annually for each year spent incarcerated to individuals who can demonstrate wrongful conviction by proving their innocence regarding either the charged crime or any reduced charge.
According to an analysis conducted by the Georgia Innocence Project, Georgia ranks among the 12 states that lack legislation providing compensation for individuals wrongly convicted of offenses. In such cases, a legislator has to propose a bill aimed at compensating these individuals and secure legislative endorsement—a politically charged procedure frequently resulting in financial hardship for those affected. This year alone, five individuals encountered difficulties navigating through this system.
The first part of the bill originates from a distinct history. Trump and 18 co-defendants were indicted in Fulton County In August 2023, Fulton County District Attorney Fani Willis was disqualified from the case as ruled by a state appeals court due to a romantic relationship she was involved in special prosecutor Nathan Wade , who was brought on board by Willis to head the case.
This prompted State Senator Brandon Beach, a Republican from Alpharetta, to propose the legislation. After years of vocal backing for President Trump, he was appointed as the Treasurer of the United States by Trump and contended that the indictment was politically driven.
“Punitive politics”
The legislation was approved by the Senate with a tally of 35 to 18 votes, where every Republican voted in favor. Among the Democrats, the top three leaders also supported the bill — House Minority Leader Harold Jones II from Augusta, Senator Elena Parent, who chairs the House Democratic Caucus from Atlanta, and House Democratic Whip Kim Jackson from Stone Mountain.
However, numerous Democrats did not agree.
"I recognize that certain individuals support the president and others may have voted for him; those choices are theirs to make. However, I firmly believe we should not compel my constituents to cover his legal expenses,” stated Atlanta Democratic State Senator RaShaun Kemp.
Atlanta Democratic State Representative Shea Roberts described the bill as "a repulsive example of vindictive politics" on Wednesday. The legislation was approved with a vote of 103-61 in the House.
It places lawmakers and citizens in an ethical bind," Roberts stated. "If you wish to advocate for justice for those wrongly convicted, you must simultaneously endorse shielding influential politicians from responsibility. This isn’t leadership; it’s taking hostages.
A longstanding push
The approval of the bill occurred one day following a four-hour committee session led by Republican Senate Majority Whip Randy Robertson. This early morning meeting started at 6 a.m. and focused on a proposal aimed at compensating five individuals who had their convictions reversed after spending years in prison. However, by that time, the proposal did not manage to secure a vote.
Robertson, who previously served as a sheriff's deputy, has consistently opposed previous proposals aimed at compensating individuals and enacting a statute allowing legal professionals to decide these matters rather than elected officials.
Individuals pursuing compensation this year have seen their convictions annulled due to revelations like DNA evidence, mistakes made by legal professionals and law enforcement, along with the uncovering of fresh proof suggesting they didn’t perpetrate the offenses for which they served time.
However, Robertson stated that individuals who have been wrongly convicted aren't automatically considered innocent; their convictions might be annulled owing to procedural mistakes. Additionally, he expressed reservations regarding the innocence of several individuals applying for compensation this year. Despite these concerns, he acknowledged flaws in the present system and chose to back this year’s legislation aimed at removing the compensation process from legislative control.
Republican sponsor State Representative Katie Dempsey of Rome stated that the bill will provide the wrongly convicted with "a genuine opportunity, rather than a legislative reassessment."
Democratic Representative Scott Holcomb, a long-time advocate for the wrongful compensation bill, implored Democrats from both legislative bodies to support a measure he described as one of the very few "extremely significant" pieces of legislation he had been involved with.
"There isn't a single individual living today who would exchange the compensation received by these people for the time they spent incarcerated in our province's jails, often spanning decades of their lives, for crimes they did not commit," he stated on Friday.
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Jeff Amy, an Associated Press writer, provided contributions.
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Charlotte Kramon serves as a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America Is a non-profit national service initiative that assigns reporters to local newsrooms to cover underreported topics. Follow Kramon on X: @charlottekramon .
Charlotte Kramon, The Canadian Press