In a move hailed as a step towards a fairer criminal justice system, the Georgia House of Representatives unanimously passed House Bill 123 (HB 123), according to State Representative Eddie Lumsden (R-Armuchee). The bill aims to protect individuals with intellectual disabilities (ID) from the death penalty.

Under current Georgia law, individuals with intellectual disabilities can be sentenced to death if found guilty in capital cases. HB 123 seeks to change this by allowing defendants to file a pretrial notice asserting their ID, potentially leading to a pretrial hearing. The critical change lies in the standard of proof. Currently, a defendant must prove “beyond a reasonable doubt” that they have an intellectual disability. HB 123 would lower the standard to a “preponderance of the evidence,” meaning the defendant would only need to prove that their claim is more likely true than not. If the court determines the defendant has an intellectual disability, the state would be prohibited from seeking the death penalty.

“This update to the law would increase efficiency during the pretrial phase and reduce the risk of an individual who has an ID from being misidentified as an individual without this disability,” Rep. Lumsden stated. “Defendants with intellectual disabilities oftentimes do not fully understand the consequences of their actions, unlike defendants without these disabilities.”

Proponents of HB 123 emphasize that the bill reflects a continued commitment to building a fairer and more just criminal justice system within Georgia.

The bill now moves to the Senate for consideration.