ATLANTA – The Georgia legislature threw its support behind legislation that would make it easier for defendants in death penalty cases to avoid execution by proving that they have an intellectual disability.
The House of Represenatives approved House Bill 123 by a vote of 150-3, minutes after the Senate passed it 53-1. The bill, which now goes to Gov. Brian Kemp for his signature, would reduce the burden of proof for intellectual disability to a “preponderance” of the evidence rather than the current standard of “beyond a reasonable doubt.” It would also establish a pre-trial hearing process where the determination could be made rather than requiring it to be made during the guilt phase of a trial.
A convicted defendant could still be sentenced to life in prison. But the Senate amended the bill by adding “without possibility of parole.”
The House had approved the measure by a unanimous vote in early March but had to vote again Monday after the Senate made changes.