Fulton County, Ga. – Georgia Moves to Ease Standards for Proving Intellectual Disability in Death Penalty Cases
Georgia is on the verge of adopting a significant reform in how intellectual disability claims are handled in death penalty cases. Lawmakers have passed a bill that seeks to make it easier for defendants to prove intellectual disability in order to avoid execution. The bill, which has earned broad bipartisan support, is now on its way to Governor Brian Kemp for approval.
House Bill 123 was approved by the Senate in a 53-1 vote this week, following an overwhelming vote in the House with strong backing from both Republican and Democratic lawmakers. The legislation aims to align Georgia with other states by lowering the proof standard required for defendants claiming intellectual disability. Under the new law, the burden of proof would shift from “beyond a reasonable doubt” to “a preponderance of the evidence,” the standard already used in all other states.
The bill also includes procedural updates to ensure fairness in capital cases involving intellectually disabled defendants. One provision requires defendants to notify the court of their intellectual disability claim at least 60 days before a pretrial hearing, giving prosecutors 30 days to provide relevant discovery materials. The law further clarifies that life without parole is a valid sentencing option, offering an alternative to the death penalty.
Sponsored by Republican Representative Bill Werkheiser of Glennville, the bill aims to strike a balance between fairness and justice. Werkheiser, who has championed the bill through a multi-year legislative process, emphasized its importance in addressing both legal and ethical issues. Supporters of the reform, including defense attorneys and disability rights advocates, argue it is crucial for protecting vulnerable individuals from wrongful execution. Many point to cases where defendants were unable to meet the high standard of proof under the previous law, despite presenting significant evidence of intellectual disability.
Representative Esther Panitch, a Democrat from Sandy Springs, made a moral case for the reform during debates, emphasizing that protecting individuals with intellectual disabilities from the death penalty is a fundamental test of society’s ethical values.
However, not everyone agrees with the bill. Some prosecutors argue that instead of lowering the proof standard, the state should abolish the death penalty altogether. T. Wright Barksdale III, district attorney for the Ocmulgee Judicial Circuit, voiced concerns that the bill’s procedural changes—particularly the new pretrial hearing and bifurcated trial process—could complicate efforts to pursue the death penalty in Georgia.
Georgia has long been in the spotlight for its handling of intellectual disabilities in death penalty cases. The state was the first to outlaw executing intellectually disabled individuals in 1988, a move followed by a U.S. Supreme Court ruling in 2002 that declared such executions unconstitutional. Despite this, Georgia remained unique in requiring the highest standard of proof for intellectual disability claims in capital cases.
If Governor Kemp signs the bill into law, its provisions will take effect immediately, including applying to all pending death penalty cases. The new law would reshape the way intellectual disability claims are handled in Georgia, providing a fairer opportunity for defendants to avoid execution based on their mental capacity.
