HR 102 - Clark, Mr. Robert; compensate; provide for state income tax exclusion

Current Version

PDF Version

Committees

HC:App
SC:APPROP

Current Status

05/24/07 - House Date Signed by Governor

First Reader Summary

A RESOLUTION compensating Mr. Robert Clark and providing for a state income tax exclusion with respect to such compensation; and for other purposes.

Votes

Electronically Recorded Votes
Date	Time	Vote No	Yeas	Nays	NV	Exc	Description
03/19/2007	2:26PM	House Vote #139	132	025	017	006	ADOPT
04/10/2007	3:09PM	Senate Vote #267	041	000	002	013	ADOPTION BY SUBSTITUTE
04/13/2007	3:57PM	House Vote #292	119	018	032	011	Agree Sen Sub

Status History

Bill History
Date	Action
01/29/2007	House First Readers
01/30/2007	House Second Readers
02/28/2007	House Committee Favorably Reported
03/19/2007	House Third Readers
03/19/2007	House Passed/Adopted
03/20/2007	Senate Read and Referred
03/29/2007	Senate Committee Favorably Reported
03/30/2007	Senate Read Second Time
04/10/2007	Senate Third Read
04/10/2007	Senate Passed/Adopted
04/13/2007	House Agree Senate Amend or Sub
05/01/2007	House Sent to Governor
05/24/2007	House Date Signed by Governor
05/24/2007	Act 238
05/24/2007	Effective Date

Footnotes

3/19/2007 Structured Rule

Versions

07 HR 102/AP

House Resolution 102 (AS PASSED HOUSE AND SENATE)

By: Representatives O`Neal of the 146th, Talton of the 145th, Smith of the 70th, and Everson of the 106th

A RESOLUTION

Compensating Mr. Robert Clark and providing for a state income tax exclusion with respect to such compensation; and for other purposes.

WHEREAS, in 1981, a woman was abducted, raped, and robbed; and

WHEREAS, despite his continued proclamations of innocence, Mr. Robert Clark was arrested and charged with these crimes; and

WHEREAS, as a result of mistaken eyewitness identification, on May 26, 1982, Mr. Clark was convicted of kidnapping with bodily harm, rape, and robbery and sentenced to life imprisonment plus 20 years; and

WHEREAS, Mr. Clark continued adamantly to maintain that he was innocent, and, on December 18, 2003, he filed a petition for DNA testing which was granted; and

WHEREAS, the test concluded that Mr. Clark´s DNA did not match the DNA from the semen obtained from the victim´s rape kit, and therefore, he was not the perpetrator of the crimes for which he had been tried and convicted; and

WHEREAS, based upon this new evidence, a nolle prosequi was entered with respect to the indictment against Mr. Clark, and, on December 8, 2005, Mr. Clark was immediately released from prison after serving over 23 years in prison; and

WHEREAS, Mr. Clark has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his over 23 years of incarceration and expenses in trying to prove his innocence; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. Clark, and it is only fitting and proper that he be compensated for his loss.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $1.2 million to Mr. Robert Clark as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Administrative Services and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence and shall be paid subject to the provisions of this resolution. Said sum shall be paid in the form of two annuities. The first annuity shall be in the amount of $1 million and shall be paid $900,000 in equal monthly installments over a 15 year period of time beginning one year after the initial payment of $100,000. Upon the death of Mr. Robert Clark, all payments and all obligations of the state with respect to any and all future payments with respect to such first annuity shall continue to be made to his estate or heirs. The second annuity shall be in the amount of $200,000.00 and shall be paid in equal monthly installments over a 15 year period with no initial lump sum payment. All payments and all obligations of the state with respect to any and all future payments with respect to such second annuity shall cease upon the date of death of the beneficiary, Mr. Robert Clark. Neither such annuity shall be assignable under any circumstances.

BE IT FURTHER RESOLVED that any amount received by Mr. Robert Clark pursuant to this resolution shall be excluded from his taxable net income for state income tax purposes.