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GeorgiaSB 1322025-2026 Regular SessionSenateWALLET

Insanity and Mental Incapacity; hearing before a court orders an evaluation of the mental competency of an accused person to stand trial; require

Sponsored By: Tonya Anderson (Democrat), Kim Jackson (Democrat), Kay Kirkpatrick (Republican), Brian Strickland (Republican), Ben Watson (Republican)

Became Law

Judiciary Non-CivilJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

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

Courts must act on competency doubts

Beginning July 1, 2025, courts must look into a defendant’s competency when real doubt is raised. If the defendant or their lawyer brings the concern, the court holds a hearing. When the defendant files a motion for an evaluation, the court holds a hearing; the prosecutor may share facts, and the defense may present some evidence privately. All hearing materials are filed under seal. When a court orders a DBHDD evaluation, the report goes to the defendant or their lawyer. It also goes to the prosecutor only if the defendant files a special plea of incompetency or raises insanity; otherwise, the report stays sealed unless a judge orders release.

Broader background checks for care workers

Beginning July 1, 2025, DBHDD can get conviction records for final job selectees in direct‑care or safety‑sensitive roles. Employers must submit fingerprints and a records‑search fee to the Georgia Crime Information Center, which sends prints to the FBI. DBHDD can also run name‑based criminal history checks without consent for adults who provide care or contact clients, as allowed by law. If DBHDD joins the GCIC fingerprint program, the GBI and FBI may keep fingerprints, and DBHDD must tell applicants about that retention. DBHDD must keep conviction data private and use it only for hiring or care decisions.

Clear treatment timelines for incompetent defendants

Beginning July 1, 2025, if a clinician finds a defendant incompetent, DBHDD sets the treatment plan and placement, including secure inpatient care or jail‑based restoration. Courts can transfer physical custody to DBHDD and may allow outpatient evaluation for nonviolent charges. DBHDD must finish evaluations within 90 days, or within 45 days for nonviolent misdemeanors (not for DUI or domestic‑violence misdemeanors). If restoration is likely, DBHDD can keep the person for up to nine more months; for nonviolent misdemeanors, up to 120 days with outpatient monitoring. If a misdemeanor‑only defendant is still incompetent after 120 days, charges are dismissed and the person is referred to a community service board unless the court, for cause on the prosecutor’s motion, orders otherwise. If incompetency continues after the nine‑month period, the court must start civil commitment or release steps.

Sponsors & Cosponsors

Sponsors

  • Tonya Anderson

    Democrat • Senate

  • Kim Jackson

    Democrat • Senate

  • Kay Kirkpatrick

    Republican • Senate

  • Brian Strickland

    Republican • Senate

  • Ben Watson

    Republican • Senate

Cosponsors

  • Tyler Paul Smith

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 247 • No: 25

Senate vote • 4/4/2025

AGREE TO HOUSE SUBSTITUTE

Yes: 50 • No: 1

House vote • 4/2/2025

PASSAGE

Yes: 142 • No: 24

Senate vote • 3/6/2025

PASSAGE BY SUBSTITUTE

Yes: 55 • No: 0

Actions Timeline

  1. Effective Date

    7/1/2025

  2. Senate Date Signed by Governor

    5/14/2025Senate

  3. Act 288

    5/14/2025

  4. Senate Sent to Governor

    4/10/2025Senate

  5. Senate Agreed House Amend or Sub

    4/4/2025Senate

  6. House Third Readers

    4/2/2025House

  7. House Passed/Adopted By Substitute

    4/2/2025House

  8. House Committee Favorably Reported By Substitute

    3/28/2025House

  9. House Second Readers

    3/11/2025House

  10. House First Readers

    3/10/2025House

  11. Senate Tabled

    3/6/2025Senate

  12. Senate Taken from Table

    3/6/2025Senate

  13. Senate Third Read

    3/6/2025Senate

  14. Senate Passed/Adopted By Substitute

    3/6/2025Senate

  15. Senate Read Second Time

    3/3/2025Senate

  16. Senate Committee Favorably Reported By Substitute

    2/28/2025Senate

  17. Senate Read and Referred

    2/11/2025Senate

  18. Senate Hopper

    2/10/2025Senate

Bill Text

  • SB 132/AP* (v9)

    PDF

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