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GeorgiaHB 1232025-2026 Regular SessionHouse

Criminal procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has an intellectual disability; provide

Sponsored By: Stan Gunter (Republican), Scott Holcomb (Democrat), Matt Reeves (Republican), Deborah Silcox (Republican), Tyler Paul Smith (Republican), Bill Werkheiser (Republican)

Signed by Governor

Judiciary Non-CivilJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Death penalty barred on disability finding

The law adds a 'guilty but with intellectual disability' verdict for felony cases. A court cannot accept that plea until a licensed psychologist or psychiatrist examines you, the court reviews the reports, and a hearing shows a factual basis. In capital trials, after a guilty verdict, the jury decides by a preponderance if you have an intellectual disability and enters a separate finding. If a plea or verdict shows disability, the death penalty is not allowed; the sentence must be life or life without parole.

Pretrial disability rulings in capital cases

In death-penalty cases, you can file a pretrial notice that you have an intellectual disability, using the state’s definition. The court may hold a hearing, and must if both sides agree. You must give reports, witness names, and other materials at least 60 days before the hearing; the prosecutor must give its materials within 30 days after yours. The judge decides the issue, and you must prove disability by a preponderance of the evidence. If the judge finds disability, the state cannot seek the death penalty. Either side can get immediate appellate review, and statewide review forms now cover these rulings.

Speedy-trial clock paused for disability

When you file a pretrial intellectual-disability notice or raise competency issues, the time while that matter is pending does not count toward Georgia’s speedy-trial clock. This can delay trial, but it lets the court fully resolve disability or competency questions first.

Sponsors & Cosponsors

Sponsors

  • Stan Gunter

    Republican • House

  • Scott Holcomb

    Democrat • House

  • Matt Reeves

    Republican • House

  • Deborah Silcox

    Republican • House

  • Tyler Paul Smith

    Republican • House

  • Bill Werkheiser

    Republican • House

Cosponsors

  • Brian Strickland

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 375 • No: 4

Senate vote • 3/31/2025

PASSAGE BY SUBSTITUTE

Yes: 53 • No: 1

House vote • 3/31/2025

Agree to Senate Substitute

Yes: 150 • No: 3

House vote • 3/4/2025

PASSAGE

Yes: 172 • No: 0

Actions Timeline

  1. House Date Signed by Governor

    5/13/2025House

  2. Act 191

    5/13/2025

  3. Effective Date

    5/13/2025

  4. House Sent to Governor

    4/8/2025House

  5. Senate Third Read

    3/31/2025Senate

  6. Senate Passed/Adopted By Substitute

    3/31/2025Senate

  7. House Agreed Senate Amend or Sub

    3/31/2025House

  8. Senate Committee Favorably Reported By Substitute

    3/27/2025Senate

  9. Senate Read Second Time

    3/27/2025Senate

  10. Senate Read and Referred

    3/6/2025Senate

  11. House Third Readers

    3/4/2025House

  12. House Passed/Adopted

    3/4/2025House

  13. House Committee Favorably Reported

    2/20/2025House

  14. House Second Readers

    1/29/2025House

  15. House First Readers

    1/28/2025House

  16. House Hopper

    1/27/2025House

Bill Text

  • HB 123/AP* (v5)

    PDF

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