Bill > HB123

This bill amends Georgia's criminal procedure laws to establish a comprehensive pretrial process for handling capital cases involving defendants with intellectual disabilities. The bill defines intellectual disability and creates a specific pretrial procedure where a defendant can file a notice of intent to claim intellectual disability before trial. Under this new process, the court will conduct a pretrial hearing to determine whether the defendant has an intellectual disability, with the defendant bearing the burden of proving this claim by a preponderance of the evidence. If the court finds the defendant has an intellectual disability, the state will be barred from seeking the death penalty. The bill also modifies jury instructions and verdict options in such cases, allowing for a separate finding of "intellectual disability" in capital cases and specifying that a finding of intellectual disability precludes the death penalty. Additionally, the bill updates various related legal procedures, including how such pretrial proceedings are reviewed and how they impact speedy trial calculations, ultimately providing a more structured approach to handling capital cases involving defendants with intellectual disabilities.

Justice

https://www.legis.ga.gov/legislation/69497