Bill > HB1426

This bill amends Georgia's criminal procedure laws to provide a process for addressing claims of intellectual disability in capital cases where the death penalty is sought. The key provisions are: 1. It allows a defendant to file a pretrial notice of intent to raise a claim of intellectual disability, and the court will hold a hearing to determine if the defendant is intellectually disabled. If found intellectually disabled, the death penalty cannot be imposed. 2. If the defendant is not found intellectually disabled in the pretrial proceedings, they can still raise the issue during the case-in-chief, at which point the trial will be trifurcated to first determine guilt, then hear evidence on intellectual disability, and finally proceed to the sentencing phase if the defendant is found not intellectually disabled. 3. The bill also makes various other changes to the definitions and procedures related to verdicts and jury instructions in cases involving insanity, mental illness, or intellectual disability.