Georgia Prisoners’ Speak
Model Legislation | March 2026
Model Legislation
The Georgia Post-Conviction Justice Act
Four Bills. One Reform Package.
GPS has drafted a complete legislative package — actual bill text in Georgia General Assembly format — ready for sponsors to file in the 2027 session. Each bill stands alone, but together they form the Georgia Post-Conviction Justice Act: the most comprehensive post-conviction reform package in Georgia history.
These are model bills prepared for legislative sponsors. When filed, the Georgia Office of Legislative Counsel will assign LC numbers and format each bill according to their internal conventions.
The Four Bills
Restoring Existing Law | No New Rights | No Appropriations
Restores existing statutes to their plain meaning and corrects court-created procedural rules — at the express invitation of the Chief Justice of the Georgia Supreme Court. Defines “miscarriage of justice,” restores the void judgment statute, and moves IAC claims to habeas proceedings.
| Part I | Restores miscarriage of justice exception (§ 9-14-48) |
| Part II | Supplies a remedy under the void judgment statute (§ 17-9-4) |
| Part III | IAC reform — ends waiver trap, right to counsel (§ 9-14-42.1) |
| Part IV | H.B. 176 coordination, severability, effective date |
The Habeas Corpus Restoration Act →
Correcting Ourselves | No New Rights | No Appropriations
Repeals the four-year habeas corpus deadline the legislature imposed in 2004 — the first time limitation on habeas corpus in Georgia’s 200+ year history. Restores the 800-year tradition of habeas corpus without a time bar.
| Part I | Repeals habeas deadline, refiling window, tolling, gap coverage |
| Part II | Coordination, severability, effective date |
The Conviction Integrity Act →
Building What Georgia Has Never Had | New Institutions
Builds the institutional infrastructure Georgia has never had to protect the innocent. Creates the right to post-conviction counsel, case file access, meaningful law library standards, a statewide Conviction Integrity Commission, plea bargain reform, and an Independent Prosecutor Review Board.
| Part I | Right to post-conviction legal access |
| Part II | Georgia Conviction Integrity Commission |
| Part III | Plea bargain reform |
| Part IV | Prosecutor accountability |
| Part V | Definitions, severability, effective dates |
Correcting Clear Errors on Direct Review | No New Rights | No Appropriations
Extends plain-error review to all claims in criminal cases, as the federal system has allowed since 1944 — so clear, outcome-affecting errors are corrected on direct appeal from the existing record instead of through years of ineffective-assistance litigation. Raised from the committee table at the July 10, 2026 Blue-Ribbon hearing; the Chief Justice responded that he “certainly would not oppose” the extension.
| Section 3 | Plain-error review for all claims, codifying the State v. Kelly standard (new § 5-6-52) |
| Section 4 | Applies to cases still on direct review; immediate effect |
How the Bills Work Together
The Sleeping Giants Act restores existing law. It corrects court decisions that narrowed statutes beyond legislative intent — at the express invitation of Chief Justice Peterson. No new rights. No new institutions. No appropriations.
The Habeas Corpus Restoration Act corrects the legislature’s own mistake. It repeals the 2004 habeas deadline that broke 800 years of habeas corpus tradition. The framing is “correcting ourselves” — and the precedent of H.B. 176 (passed 168-0 in the House, 51-0 in the Senate) shows self-correction is both possible and bipartisan.
The Conviction Integrity Act builds what Georgia has never had. The first two bills reopen doors. The Conviction Integrity Act ensures people can walk through them — with appointed counsel, case file access, conviction integrity infrastructure, plea reform, and prosecutor accountability.
The Plain Error Review Act corrects clear errors directly. It extends plain-error review to all claims in criminal cases, so record-based errors are resolved on direct appeal instead of through years of ineffective-assistance litigation — answering a question raised from the committee table that the Chief Justice said he would not oppose. No new rights. No new institutions. No appropriations.
Critical Design Feature
Each bill stands alone. If the Habeas Corpus Restoration Act fails, the Sleeping Giants Act still ensures the habeas deadline cannot bar relief where a miscarriage of justice is demonstrated. If the Sleeping Giants Act fails, the Habeas Corpus Restoration Act still removes the time barrier for all claims. If both fail, the Conviction Integrity Act’s infrastructure provisions still improve the system. But together, they form the most comprehensive post-conviction reform package in Georgia history.
Total appropriations required: The Sleeping Giants Act, the Habeas Corpus Restoration Act, and the Plain Error Review Act require none. The Conviction Integrity Act requires funding for the Conviction Integrity Commission (~$1.5–2.0M annually) and the Prosecutor Review Board, but legal access, plea reform, and prosecutor disclosure duties take effect immediately without appropriation.
For Legislative Sponsors
These model bills are ready for sponsors to file. GPS invites legislators, attorneys, and allied organizations to review, improve, and co-own this legislation. Organizations that contribute become co-sponsors of the final package.
For questions, feedback, or to discuss sponsorship: info@gps.press
Georgia Prisoners’ Speak | gps.press | info@gps.press