07 LC 21
9398S
House
Resolution 102 (COMMITTEE SUBSTITUTE)
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 Corrections 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 Corrections 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 in equal monthly installments over
a 15 year period of time with an initial lump sum payment of $100,000.00. 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.