Georgia Prisoners’ Speak
Model Legislation | Draft | March 2026
Bill C: Georgia Post-Conviction Infrastructure Act
Building What Georgia Has Never Had
← All Model Legislation • Plain Text Version
House Bill ___
By: Representatives [Sponsors to be identified]
A BILL TO BE ENTITLED
AN ACT
To provide for a short title; to provide for legislative findings and determinations; to provide for a right to appointed post-conviction counsel by adding a new Code Section 9-14-42.2; to provide for a right to case file access by adding a new Code Section 42-5-55; to provide for meaningful law library access by adding a new Code Section 42-5-56; to establish a Georgia Conviction Integrity Commission by adding a new Chapter 23 to Title 17; to provide for pre-plea evidence disclosure by adding a new Code Section 17-7-95; to provide for sentencing proportionality by adding a new Code Section 17-10-1.3; to amend Code Section 17-7-93, relating to guilty pleas, so as to provide for an enhanced plea colloquy; to provide for prosecutorial post-conviction disclosure duties by adding a new Code Section 17-7-96; to establish an Independent Prosecutor Review Board by adding a new Chapter 22 to Title 15; to provide for definitions; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. SHORT TITLE
This Act shall be known and may be cited as the “Georgia Post-Conviction Infrastructure Act.”
SECTION 2. LEGISLATIVE FINDINGS AND DETERMINATIONS
The General Assembly finds and determines that:
(1) The Georgia Post-Conviction Justice Restoration Act restored existing statutes to their plain meaning and corrected court-created procedural rules that had trapped innocent people in Georgia’s prisons. The Georgia Habeas Corpus Restoration Act repealed the four-year habeas deadline that had barred meritorious claims from judicial review. This Act builds the institutional infrastructure that Georgia has never had to make those restored rights meaningful in practice and to prevent wrongful convictions from occurring in the first place.
(2) The General Assembly finds that the following conditions demonstrate the need for institutional reform beyond the restoration of existing statutes:
(A) After conviction, a person in Georgia has no right to a lawyer to challenge that conviction. To pursue habeas corpus relief, a person must teach himself or herself constitutional law from inside a prison system that the United States Department of Justice found, in October 2024, violates the Eighth Amendment;
(B) Georgia Department of Corrections Standard Operating Procedure 227.03 guarantees a minimum of only 30 minutes per electronic law library session. Incarcerated persons report receiving as little as one session every two weeks — one hour of legal research per month — to prepare constitutional challenges to their convictions. The Department of Justice documented correctional officer vacancy rates exceeding 50 percent systemwide, conditions that make even this minimal access unreliable;
(C) Only 3 of Georgia’s 159 counties — Fulton, Chatham, and Gwinnett — have any mechanism to review potentially wrongful convictions. The remaining 156 counties have no prosecutor reviewing old cases, no system to catch mistakes, and no way for an innocent person to be found without finding himself or herself. Nationally, approximately 122 conviction integrity units exist, and those units contributed to 62 exonerations in 2024 alone;
(D) Over 95 percent of felony convictions in Georgia result from guilty pleas. Defendants who exercise their constitutional right to trial face sentences averaging three or more times the offered plea sentence for the same offense. Georgia has no requirement that prosecutors disclose exculpatory evidence before a plea can be entered, no limit on the sentencing differential between plea and trial outcomes, and no systematic data collection on how plea-versus-trial outcomes vary by race, county, or offense;
(E) Georgia Rule of Professional Conduct 3.8, as amended in 2022, requires prosecutors to disclose evidence of wrongful conviction and to seek to remedy convictions when clear evidence of innocence exists. The 2022 amendment increased the maximum penalty for violations from a public reprimand to disbarment. However, the enforcement mechanism remains structurally broken: in 2023-24, 88.6 percent of grievances filed with the State Bar of Georgia were dismissed at initial screening before the accused attorney was even notified, and only 0.66 percent of all complaints resulted in any public disciplinary action;
(F) The Wrongful Conviction and Incarceration Compensation Act (O.C.G.A. Chapter 22 of Title 17), enacted in 2025, established that wrongful convictions cost Georgia $75,000 per year of wrongful incarceration. An estimated 2,500 or more innocent people are currently incarcerated in this state. Prevention of wrongful convictions through conviction integrity infrastructure is orders of magnitude less expensive than compensation after the fact; and
(G) The General Assembly has demonstrated its willingness to act on post-conviction reform through House Bill 176 (2025), the Wrongful Conviction and Incarceration Compensation Act (2025), the Georgia Post-Conviction Justice Restoration Act, and the Georgia Habeas Corpus Restoration Act. This Act completes the reform by building the infrastructure to operationalize those legal changes.
(3) This Act creates new rights and new institutions. The General Assembly does so because Georgia has never had the systems necessary to protect the innocent — and the absence of those systems is itself a failure of justice. Bills A and B reopen doors. This Act ensures that people can walk through them.
PART I — RIGHT TO POST-CONVICTION LEGAL ACCESS
SECTION 1-1. RIGHT TO APPOINTED POST-CONVICTION COUNSEL
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by adding a new Code section to Chapter 14 to read as follows:
“9-14-42.2. Right to appointed post-conviction counsel.
(a) An indigent person filing a habeas corpus petition under this article shall have the right to appointed counsel if the petition raises any of the following claims:
(1) Actual innocence supported by new evidence;
(2) A constitutional violation as defined in paragraph (1) of subsection (e) of Code Section 9-14-48;
(3) Ineffective assistance of trial or appellate counsel; or
(4) A conviction based on forensic evidence or expert testimony that has been materially undermined by subsequent scientific advances.
(b) The right to appointed counsel under this Code section attaches upon the filing of a habeas petition raising one or more of the claims enumerated in subsection (a) and upon a determination by the court that the petitioner is indigent.
(c) Appointed counsel under this Code section shall be compensated at rates established by the Georgia Public Defender Council or, in the absence of such rates, at reasonable rates determined by the court. Compensation shall be paid from funds appropriated for this purpose.
(d) This Code section shall not limit any existing right to appointed counsel, including the right to appointed counsel under Code Section 5-6-39.1 as enacted by House Bill 176 (Act No. 252, 2025 Session).”
SECTION 1-2. RIGHT TO CASE FILE ACCESS
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section to read as follows:
“42-5-55. Right to case file access for post-conviction review.
(a) Any person incarcerated in the custody of the Department of Corrections who is pursuing or intends to pursue post-conviction relief shall have the right to obtain copies of his or her complete case file at no cost, including but not limited to:
(1) Trial transcripts;
(2) Discovery materials provided to the defense;
(3) Police reports and investigative files;
(4) Forensic evidence reports and laboratory results;
(5) Grand jury transcripts, to the extent authorized by law; and
(6) Sentencing documents and pre-sentence investigation reports.
(b) A request for case file materials under this Code section shall be directed to the clerk of the court in which the conviction was obtained. The clerk shall provide the requested materials within 60 days of receipt of the request. If the court no longer possesses the requested materials, the clerk shall so certify in writing and identify any alternative custodian of the materials.
(c) The Department of Corrections shall not impede, delay, or penalize any incarcerated person for exercising the rights established by this Code section.
(d) Costs of reproduction of case file materials provided under this Code section shall be borne by the court and may be reimbursed through funds appropriated for this purpose.”
SECTION 1-3. MEANINGFUL LAW LIBRARY ACCESS
Title 42 of the Official Code of Georgia Annotated is further amended by adding a new Code section to read as follows:
“42-5-56. Meaningful access to legal resources.
(a) The Department of Corrections shall ensure that every incarcerated person has meaningful access to legal resources sufficient to pursue post-conviction relief, including:
(1) A minimum of four hours per week of access to electronic legal research tools, such as commercial legal databases, which shall include access to Georgia statutes, case law, court rules, and legal forms;
(2) Access to a physical legal reference library containing current Georgia legal materials, open a minimum of 20 hours per week; and
(3) Access to writing materials, copying services, and notarization services at reasonable cost or, for indigent persons, at no cost.
(b) Law library and legal research access shall not be suspended for more than 14 consecutive days due to institutional lockdowns. If access is suspended for more than 14 consecutive days, the Department shall provide alternative means of access, including but not limited to delivery of legal materials to housing units or provision of portable electronic research devices.
(c) Any period during which an incarcerated person is denied the access required by subsection (a), whether due to lockdown, transfer, disciplinary segregation, or any other institutional action, shall constitute a denial of meaningful access for purposes of the tolling provision in Section 1-3 of the Georgia Post-Conviction Justice Act.
(d) The Department shall maintain records of law library access by facility, including hours of operation, number of sessions provided, and any periods of closure or restricted access. Such records shall be maintained as public records subject to Article 4 of Chapter 18 of Title 50.”
PART II — GEORGIA CONVICTION INTEGRITY COMMISSION
SECTION 2-1. ESTABLISHMENT
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new Chapter 23 to read as follows:
“CHAPTER 23 GEORGIA CONVICTION INTEGRITY COMMISSION
17-23-1. Establishment; purpose.
There is established the Georgia Conviction Integrity Commission as an independent body for the purpose of investigating claims of factual innocence, reviewing potentially wrongful convictions, and recommending cases for judicial review. The Commission shall operate independently of the Department of Corrections, the prosecuting attorneys of this state, and the Office of the Attorney General.
17-23-2. Composition; appointment; terms.
(a) The Commission shall consist of nine members, appointed as follows:
(1) One Superior Court Judge, who shall serve as chair, appointed by the Chief Justice of the Supreme Court of Georgia;
(2) One prosecuting attorney, appointed by the Prosecuting Attorneys’ Council of Georgia;
(3) One criminal defense attorney, appointed by the Georgia Association of Criminal Defense Lawyers;
(4) One victim advocate, appointed by the Criminal Justice Coordinating Council;
(5) One law enforcement officer holding the rank of sheriff or above, appointed by the Georgia Sheriffs’ Association;
(6) One representative of the Georgia Innocence Project or a successor innocence organization, appointed by the board of directors of such organization;
(7) One formerly incarcerated person who has been exonerated of a felony conviction in this state, appointed by the Governor;
(8) One legal academic with expertise in criminal law or post-conviction procedure, appointed by the Board of Regents of the University System of Georgia; and
(9) One member of the public who is not an attorney or law enforcement officer, appointed by the Speaker of the House of Representatives.
(b) Members shall serve staggered terms of three years and may be reappointed for one additional term.
(c) Members shall serve without salary but shall be reimbursed for actual expenses incurred in the performance of their duties.
17-23-3. Powers and duties.
(a) The Commission shall have the following powers and duties:
(1) To receive and review claims of factual innocence from any person convicted of a felony in this state;
(2) To conduct investigations, including interviewing witnesses, reviewing physical evidence, and examining case files;
(3) To subpoena witnesses and compel the production of documents, records, and physical evidence;
(4) To subject physical evidence to forensic testing, including DNA testing, and to have DNA profiles searched through the Combined DNA Index System (CODIS);
(5) To refer cases to a three-judge panel of Superior Court judges for an evidentiary hearing when the Commission finds sufficient evidence of factual innocence;
(6) To establish proactive case review protocols, including systematic review of cases involving since-discredited forensic evidence, recanted testimony, or post-conviction disclosure of exculpatory evidence;
(7) To maintain a statewide database of cases flagged for review;
(8) To issue annual reports to the General Assembly, the Governor, and the Chief Justice of the Supreme Court, documenting the Commission’s activities, findings, and recommendations; and
(9) To recommend legislative or procedural reforms to prevent wrongful convictions.
(b) All prosecuting attorneys, law enforcement agencies, the Georgia Bureau of Investigation, and the Department of Corrections shall cooperate with the Commission in the exercise of its duties and shall provide access to case files, evidence, and records upon request.
17-23-4. District Attorney conviction integrity requirements.
(a) Each District Attorney in a judicial circuit with an annual felony caseload exceeding 1,000 cases shall establish and maintain conviction integrity protocols, which shall include at minimum:
(1) A designated point of contact for post-conviction claims of innocence;
(2) Procedures for reviewing and responding to post-conviction evidence of innocence within 90 days of receipt; and
(3) Cooperation with the Commission upon request.
(b) District Attorneys subject to subsection (a) shall file an annual report with the Commission documenting compliance with this Code section.
17-23-5. Evidence preservation.
(a) In any case in which a defendant has been convicted of a felony and remains incarcerated, all biological evidence in the possession or control of the prosecution, law enforcement, or the Georgia Bureau of Investigation shall be preserved for the duration of the defendant’s incarceration.
(b) Intentional destruction of biological evidence in violation of this Code section shall constitute grounds for habeas corpus relief under Code Section 9-14-48, as amended by Part I of the Georgia Post-Conviction Justice Restoration Act.
(c) The Georgia Bureau of Investigation shall maintain a statewide registry of preserved biological evidence and shall make such registry available to the Commission upon request.
17-23-6. Budget; administrative support.
(a) The Commission shall be attached to the Administrative Office of the Courts for administrative purposes, including budgeting, personnel, and procurement. The director of the Administrative Office of the Courts shall not reduce or modify the Commission’s budget or use funds appropriated to the Commission without the Commission’s approval.
(b) The Commission may employ a full-time executive director and such staff as are necessary to carry out its duties, subject to appropriation by the General Assembly.
(c) Sections 2-1 through 2-4 of this Part shall become effective on July 1 following the fiscal year in which the General Assembly first appropriates funds specifically designated for the Georgia Conviction Integrity Commission.”
PART III — PLEA BARGAIN REFORM
SECTION 3-1. PRE-PLEA EVIDENCE DISCLOSURE
“17-7-95. Pre-plea disclosure of exculpatory evidence.
(a) Before a plea of guilty or nolo contendere, or any proceeding that is the functional equivalent of a guilty plea within the meaning of Brookhart v. Janis, 384 U.S. 1 (1966), may be accepted by the court, the prosecuting attorney shall disclose to the defendant and the defendant’s counsel all evidence and information known to the prosecuting attorney that:
(1) Tends to negate the guilt of the defendant;
(2) Mitigates the offense charged or the punishment therefor; or
(3) Would tend to impeach the credibility of a material prosecution witness.
(b) The court shall not accept a plea of guilty or nolo contendere unless the prosecuting attorney certifies on the record that the disclosure required by subsection (a) has been made, and the defendant or the defendant’s counsel acknowledges on the record that the disclosure has been received.
(c) A plea of guilty or nolo contendere entered without the disclosure required by subsection (a) is voidable upon motion of the defendant. A defendant may file a motion to vacate such a plea at any time upon a showing that material exculpatory evidence known to the prosecution was not disclosed before the entry of the plea.
(d) A conviction maintained in violation of this Code section shall constitute a miscarriage of justice within the meaning of subsection (e) of Code Section 9-14-48, as amended by Part I of the Georgia Post-Conviction Justice Restoration Act.
(e) Nothing in this Code section shall be construed to limit any disclosure obligation imposed by Brady v. Maryland, 373 U.S. 83 (1963), or its progeny, or by Georgia Rule of Professional Conduct 3.8.”
SECTION 3-2. SENTENCING PROPORTIONALITY AFTER TRIAL
“17-10-1.3. Sentencing proportionality; post-trial sentences; required findings.
(a) When imposing a sentence following a trial in a case where a plea offer was extended to the defendant prior to trial, the court shall:
(1) State on the record the sentence that was offered as part of any plea agreement;
(2) State on the record the basis for any sentence that exceeds the offered plea sentence; and
(3) Ensure that any increase in sentence beyond the offered plea sentence is based solely on one or more of the following:
(A) The defendant’s refusal to accept responsibility for conduct proved at trial, to the extent such refusal is relevant to an authorized sentencing factor under Georgia law;
(B) Obstruction of justice by the defendant during the trial proceedings, proved by clear and convincing evidence;
(C) Facts developed at trial that were not known to the prosecution at the time the plea offer was made and that are relevant to an authorized sentencing factor under Georgia law; or
(D) A statutory mandatory minimum sentence that exceeds the offered plea sentence.
(b) A sentence imposed following trial that exceeds the offered plea sentence by more than 200 percent shall be presumptively disproportionate. Such presumption may be rebutted by the court’s specific findings on the record under paragraph (3) of subsection (a) of this Code section.
(c) A defendant may appeal a sentence that exceeds the offered plea sentence on the ground that it is disproportionate under this Code section. The appellate court shall review the trial court’s findings under subsection (a) for an abuse of discretion.
(d) The Council of Superior Court Judges, in consultation with the Judicial Council of Georgia, shall collect and publish annual data on sentencing differentials between plea offers and post-trial sentences, disaggregated by judicial circuit, offense category, and the race, sex, and age of the defendant. The first such report shall be published no later than one year after the effective date of this Code section.”
SECTION 3-3. ENHANCED PLEA COLLOQUY
Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to guilty pleas, is amended by adding a new subsection to read as follows:
“(e) Before accepting a plea of guilty or nolo contendere, the court shall conduct a colloquy on the record that includes the following inquiries:
(1) Whether the defendant has received and reviewed all evidence disclosed by the prosecuting attorney under Code Section 17-7-95;
(2) Whether the defendant understands the rights being waived by entering the plea, including the right to a jury trial, the right to confront witnesses, and the right against self-incrimination;
(3) Whether the defendant has been informed of the maximum and minimum sentences authorized for the offense;
(4) Whether the plea is being entered freely and voluntarily, without coercion, threats, or promises other than those contained in any written plea agreement; and
(5) Whether the defendant is satisfied with the representation provided by defense counsel.
Failure to conduct the colloquy required by this subsection shall render the plea subject to withdrawal under subsection (d) of this Code section.”
PART IV — PROSECUTOR ACCOUNTABILITY
SECTION 4-1. CODIFICATION OF POST-CONVICTION DISCLOSURE DUTIES
“17-7-96. Prosecutorial duty to disclose post-conviction evidence of innocence.
(a) When a prosecuting attorney knows of new, credible, and material evidence creating a reasonable likelihood that a person convicted in the prosecuting attorney’s jurisdiction did not commit the offense of which the person was convicted, the prosecuting attorney shall:
(1) Promptly disclose the evidence to the convicted person or the convicted person’s counsel, and to the court that entered the judgment of conviction;
(2) Undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the convicted person was convicted of an offense that the person did not commit; and
(3) Preserve all evidence and documents related to such investigation.
(b) When a prosecuting attorney knows of clear and convincing evidence establishing that a person convicted in the prosecuting attorney’s jurisdiction did not commit the offense of which the person was convicted, the prosecuting attorney shall seek to remedy the conviction by:
(1) Moving to vacate the conviction or consenting to a motion to vacate filed by the convicted person;
(2) Declining to retry the case if the conviction is vacated; or
(3) Such other action as may be appropriate to remedy the wrongful conviction.
(c) A convicted person who demonstrates that a prosecuting attorney violated the duties imposed by subsection (a) or (b) of this Code section may raise such violation as a ground for habeas corpus relief under Code Section 9-14-48. A conviction maintained in violation of this Code section shall constitute a miscarriage of justice within the meaning of subsection (e) of Code Section 9-14-48, as amended by the Georgia Post-Conviction Justice Restoration Act.
(d) A prosecuting attorney’s good-faith determination that evidence does not meet the threshold of subsection (a) or (b) shall not constitute a violation of this Code section. However, good faith shall not be presumed, and the burden of establishing good faith shall rest with the prosecuting attorney.
(e) Nothing in this Code section shall be construed to limit obligations imposed by Georgia Rule of Professional Conduct 3.8 or any other provision of law.”
SECTION 4-2. INDEPENDENT PROSECUTOR REVIEW BOARD
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Chapter 22 to read as follows:
“CHAPTER 22 INDEPENDENT PROSECUTOR REVIEW BOARD
15-22-1. Establishment.
There is established the Independent Prosecutor Review Board for the purpose of receiving, investigating, and acting on complaints of prosecutorial misconduct in post-conviction contexts, including violations of Code Section 17-7-96 and Georgia Rule of Professional Conduct 3.8(h) and (i).
15-22-2. Composition.
(a) The Board shall consist of seven members, appointed as follows:
(1) One criminal defense attorney with post-conviction experience, appointed by the Chief Justice of the Supreme Court of Georgia;
(2) One person formerly incarcerated in this state who has been exonerated, appointed by the Governor;
(3) One victim advocate, appointed by the Criminal Justice Coordinating Council;
(4) One legal academic with expertise in prosecutorial ethics, appointed by the Board of Regents of the University System of Georgia;
(5) One retired judge, appointed by the Chief Judge of the Court of Appeals;
(6) One member of the public who is not an attorney, law enforcement officer, or current or former employee of a prosecuting attorney’s office, appointed by the President of the Senate; and
(7) One member of the public who is not an attorney, law enforcement officer, or current or former employee of a prosecuting attorney’s office, appointed by the Speaker of the House of Representatives.
(b) No person holding the office of Attorney General, District Attorney, Solicitor General, or any assistant or deputy thereof shall be eligible for appointment to the Board.
(c) Members shall serve staggered terms of three years and may be reappointed for one additional term.
15-22-3. Powers and duties.
(a) The Board shall have the following powers and duties:
(1) To receive and investigate complaints alleging violation of Code Section 17-7-96 or Georgia Rule of Professional Conduct 3.8(h) and (i);
(2) To conduct investigations, including the power to subpoena witnesses and compel the production of documents;
(3) To hold hearings and take testimony under oath;
(4) No complaint shall be dismissed at intake without a preliminary investigation. Every complaint received by the Board shall, at minimum, receive a written preliminary assessment within 60 days of receipt;
(5) To issue findings of fact and recommendations, including recommending referral to the State Disciplinary Board of the State Bar of Georgia for formal disciplinary proceedings;
(6) To issue public reports summarizing its investigations, findings, and recommendations; and
(7) To issue annual reports to the General Assembly, the Governor, and the Chief Justice.
(b) The Board shall operate independently of the State Bar of Georgia, the Office of the Attorney General, and all prosecuting attorneys’ offices in this state.
15-22-4. Mandatory reporting by District Attorneys.
Each District Attorney shall file an annual report with the Board documenting:
(1) The number of instances in which the District Attorney’s office received evidence potentially exculpatory to a convicted defendant;
(2) The disposition of such evidence;
(3) The number of post-conviction disclosure requests received and the response to each; and
(4) Any actions taken to remedy a conviction pursuant to Code Section 17-7-96 or Georgia Rule of Professional Conduct 3.8.
Such reports shall be public records subject to Article 4 of Chapter 18 of Title 50.
15-22-5. Structural firewall.
No person holding the office of Attorney General, District Attorney, or Solicitor General, or any person employed by or serving as an agent of any such office, shall serve on the Board of Governors of the State Bar of Georgia in any capacity that involves oversight, governance, or administration of the disciplinary process as applied to prosecuting attorneys. This Code section shall not prohibit such persons from holding membership in the State Bar of Georgia or from serving on the Board of Governors for purposes unrelated to the disciplinary process.
15-22-6. Relationship to Prosecuting Attorneys Qualifications Commission.
The Board established by this Chapter is separate from and complementary to the Prosecuting Attorneys Qualifications Commission established by Article 4 of Chapter 18 of Title 15. The Board’s jurisdiction is limited to post-conviction disclosure obligations and misconduct in post-conviction contexts. Nothing in this Chapter shall be construed to limit the jurisdiction or authority of the Prosecuting Attorneys Qualifications Commission.
15-22-7. Budget.
The Board shall be attached to the Judicial Council of Georgia for administrative purposes. Sections 9-1 and 9-2 of Part IV shall become effective on July 1 following the fiscal year in which the General Assembly first appropriates funds specifically designated for the Independent Prosecutor Review Board.”
PART V — GENERAL PROVISIONS
SECTION 5-1. DEFINITIONS
As used in this Act, unless the context requires otherwise:
(1) “Constitutional violation” means a violation of the Constitution of the United States or the Constitution of this state, including but not limited to the categories of violations enumerated in paragraph (1) of subsection (e) of Code Section 9-14-48, as amended by the Georgia Post-Conviction Justice Restoration Act.
(2) “Miscarriage of justice” has the meaning set forth in subsection (e) of Code Section 9-14-48, as amended by the Georgia Post-Conviction Justice Restoration Act.
(3) “Void judgment” means a judgment that is void within the meaning of Code Section 17-9-4, as amended by Part III of this Act.
(4) “Material exculpatory evidence” means evidence that tends to negate the guilt of the defendant or that mitigates the offense or punishment, the suppression of which would undermine confidence in the reliability of the conviction.
(5) “Discredited forensic evidence” means forensic evidence or expert testimony upon which a conviction was based in whole or significant part, where subsequent scientific research, methodological advances, or recantation by the expert has materially undermined the reliability of such evidence or testimony.
(6) “Meaningful legal access” means access to legal resources sufficient to enable an incarcerated person to research, prepare, and file post-conviction pleadings, as further defined in Code Section 42-5-56 as enacted by Part I of this Act.
(7) “Post-conviction disclosure obligation” means the duties imposed on prosecuting attorneys by Code Section 17-7-96 as enacted by Part IV of this Act and by Georgia Rule of Professional Conduct 3.8(h) and (i).
(8) “Guilty plea or plea equivalent” means a formal plea of guilty or nolo contendere, or any proceeding that is the functional equivalent of a guilty plea within the meaning of Brookhart v. Janis, 384 U.S. 1 (1966), including but not limited to a stipulated bench trial, an agreed statement of facts, or any proceeding in which defense counsel concedes guilt or effectively waives the defendant’s right to contest the charges without the defendant’s knowing and intelligent consent, as further addressed in McCoy v. Louisiana, 584 U.S. 414 (2018).
SECTION 5-2. SEVERABILITY
If any provision of this Act or its application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application. To this end, the provisions of this Act are declared severable. Each Part of this Act is designed to operate independently, and the invalidation of any Part shall not affect the validity or enforceability of any other Part.
SECTION 5-3. EFFECTIVE DATE
(a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Part II of this Act (Georgia Conviction Integrity Commission) shall become effective on July 1 following the fiscal year in which the General Assembly first appropriates funds specifically designated for the Georgia Conviction Integrity Commission.
(c) Sections 4-2 through 4-7 of Part IV of this Act (Independent Prosecutor Review Board) shall become effective on July 1 following the fiscal year in which the General Assembly first appropriates funds specifically designated for the Independent Prosecutor Review Board.
(d) Parts I, III, and Section 4-1 of Part IV of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 5-4. REPEAL
All laws and parts of laws in conflict with this Act are repealed.
BILL C — SUMMARY
| Part | What It Does | Statutes Created | New Institutions |
|---|---|---|---|
| I | Appointed post-conviction counsel; case file access; law library standards | § 9-14-42.2; § 42-5-55; § 42-5-56 | — |
| II | Conviction Integrity Commission: 9 members, subpoena power, DNA testing, evidence preservation | Chapter 23 of Title 17 | Conviction Integrity Commission |
| III | Pre-plea evidence disclosure; trial penalty limits (200% cap); enhanced plea colloquy; data collection | § 17-7-95; § 17-10-1.3; § 17-7-93 amended | — |
| IV | Prosecutor disclosure duty as statutory obligation; Independent Prosecutor Review Board; DA reporting; structural firewall | § 17-7-96; Chapter 22 of Title 15 | Prosecutor Review Board |
| V | Definitions, severability, staggered effective dates, repeal | — | — |
Appropriations required: Yes, for the Conviction Integrity Commission (~$1.5–2.0M annually) and the Prosecutor Review Board. Legal access, plea reform, and prosecutor disclosure duty take effect immediately without appropriation.
The Message to Legislators
“Bills A and B fixed the law and removed the barriers. But rights on paper mean nothing without the infrastructure to exercise them. Georgia has never had these systems. It’s time to build them.”
Georgia Prisoners’ Speak | gps.press | info@gps.press