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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

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

Disability findings mean life, not death

In death-penalty cases with a pretrial disability notice, the jury first decides guilt beyond a reasonable doubt. After conviction, the defendant presents disability evidence, the state can respond, and the defendant can rebut. The jury separately decides whether intellectual disability is more likely than not; without that finding, capital sentencing continues. An accepted guilty-but-with-intellectual-disability plea or verdict bars death and requires life imprisonment, with or without parole. Defendants found guilty but with intellectual disability enter Georgia Department of Corrections custody, and juries must be told this. The department must evaluate and treat their mental-health needs. It can arrange temporary hospitalization at facilities run by Georgia’s Department of Behavioral Health and Developmental Disabilities.

Disability pleas and verdicts require evidence

When defendants raise insanity, mental illness, or intellectual disability, courts and juries have five verdict options. These are guilty, not guilty, not guilty by reason of insanity, guilty but mentally ill, and guilty but with intellectual disability. The last two options are limited to felony cases. A guilty-but-with-intellectual-disability verdict requires guilt beyond a reasonable doubt and proof that the disability is more likely than not. Before accepting either special guilty plea, courts require a licensed psychologist’s or psychiatrist’s examination, report review, and a hearing. Courts must also find facts supporting the plea. Insanity claims require an examination and review under the legal test for insanity.

Pretrial disability findings block death penalty

Georgia defendants facing the death penalty can file notice claiming intellectual disability before trial. The court may hold a hearing at the defendant’s request and must hold one if both sides request it. Defendants must share relevant reports, witness names, and materials at least 60 days before the hearing. Prosecutors must share their evidence within 30 days after receiving those materials; both sides must promptly share new evidence. Defendants must provide evidence and prove that intellectual disability is more likely than not. A disability finding bars the state from seeking death; an unsuccessful claim can still be raised later under existing procedures. Parties can seek immediate appeals, and Supreme Court pretrial review questionnaires must ask whether a pretrial disability determination occurred.

Disability claims pause defendants’ speedy-trial clock

After a defendant files a pretrial intellectual-disability notice, time spent deciding the claim does not count toward speedy-trial deadlines. Time while competency determinations or competency trials are pending is also excluded. These pauses can extend the time before a defendant’s speedy-trial deadline is reached.

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 • Other: 13

House vote • 3/4/2025

PASSAGE

Yes: 172 • No: 0 • Other: 3

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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