Georgia committee hears bill to lower proof standard, shift timing of intellectual-disability determinations in capital cases

Representative Werkheiser introduced House Bill 123 during a Noncivil Judiciary Committee hearing, saying the bill would change how Georgia determines intellectual disability in capital cases by lowering the standard of proof and moving the disability determination to a separate pretrial hearing.

"It changes the standard of proof from beyond, resonant beyond reasonable doubt to a preponderance of evidence," Werkheiser said, and he added the bill "does not open the avenue for anybody who is currently on death row." He told the committee the U.S. Supreme Court in Atkins v. Virginia (2002) found executing people with intellectual disability violates the Eighth Amendment, and said Georgia remains an outlier by keeping the higher proof standard and a combined proceeding.

The Georgia Association of Criminal Defense Lawyers…