Georgia Bill to Protect Intellectually Disabled from Death Penalty Heads to Governor's Desk

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On Monday, House Bill 123, which aims to prevent intellectually disabled individuals from being sentenced to death in Georgia, passed the state Senate and is now headed to Governor Brian Kemp for approval. The legislation seeks to lower the burden of proof required to establish intellectual disability from "beyond a reasonable doubt" to a standard of "preponderance of the evidence," allowing judges to decide on the matter during pretrial hearings. Proponents argue that this change will align Georgia with other states and ensure that those with intellectual disabilities are not unjustly sentenced to death, while still allowing for life without parole in certain cases.