USA - Georgia. Senate eases the burden of proof for intellectual disability in capital cases

March 31, 2025 - Georgia. HB 123 The Senate approved HB 123 by a vote of 53-1. The bill eases the burden of proof for intellectual disability in capital cases. Georgia is currently the only state with the death penalty that requires defendants to prove beyond a reasonable doubt—the highest legal standard possible—that they are intellectually disabled. The bill, sponsored by Republican Representative Bill Werkheiser, would lower the standard of proof to “preponderance of evidence” and create a separate preliminary hearing focused on determining the defendant's intellectual disability.

HB 123 had already been approved by the House on March 4, but was briefly sent back to the House for a confirmation vote after some changes were made by the Senate. On March 31, the House re-voted on the amended version of HB 123 with 150 yes, 1 no, and 13 abstentions. The new law now goes to the governor for his signature.

https://deathpenaltyinfo.org/facts-and-research/data/recent-legislative-activity?x-craft-preview=831701e36f517898fa2c995d39b64104e8e6101af83d78e05826cdbb99a12b6dzgldbijsmv