Bill > SB159

This bill amends Georgia's criminal procedure laws to establish new procedures for handling capital offense cases where the defendant claims to have an intellectual disability. The bill creates a pretrial process that allows defendants to file a notice of intent to raise an intellectual disability claim, which can result in a pretrial hearing to determine whether the defendant meets the legal definition of intellectual disability. If the court finds the defendant has an intellectual disability during this pretrial hearing, the state will be barred from seeking the death penalty. The defendant bears the burden of proving intellectual disability by a preponderance of the evidence, and even if unsuccessful in the pretrial hearing, can still raise the issue in later proceedings. For capital cases starting July 1, 2025, the bill introduces a new jury instruction process where, after a conviction, the jury will separately determine whether the defendant has an intellectual disability, which would preclude the death penalty and result in a life imprisonment sentence. The bill also modifies various related sections of Georgia law to accommodate these new procedures, including how intellectual disability claims are handled during trials, jury instructions, and pretrial review processes. The goal appears to be providing a more structured and deliberate approach to addressing intellectual disability in serious criminal proceedings.

Justice

https://www.legis.ga.gov/legislation/70283