Georgia Governor Brian Kemp signed a bill this week that changes how intellectual disability is treated in death penalty cases in Georgia. The new law requires a judge to determine whether a defendant is intellectually disabled during a pretrial hearing. Previously, a jury made this decision while also considering the defendant’s guilt or innocence.

Advocates, like Joia Thornton from the Faith Leaders of Color Coalition, praised the bill as a significant step for Georgia and the intellectual disabilities community. They have long worked to end the execution of individuals with intellectual disabilities. Nationally, Black people are over represented on death row, and in Georgia, 44% of death row inmates are Black, even though they make up only one-third of the population.

Critics have pointed out that defendants had to prove their intellectual disability to a high standard, which was difficult. Since a law in 1988 banning executions of intellectually disabled people, no defendant has successfully proven their status. The bill passed unanimously in the state House and with one dissenting vote in the Senate.

House Bill 123 becomes active law immediately but does not change the sentences of the 34 people currently on death row.