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House passes bill to require pretrial determination of intellectual disability in capital cases
Summary
House Bill 123 will create a pretrial process to determine intellectual disability in cases where the death penalty is sought, aligning Georgia procedures with other states and seeking to prevent execution of intellectually disabled defendants.
The Georgia House passed House Bill 123 on a unanimous recorded vote, creating a pretrial procedure for defendants in capital cases to raise and have the court decide claims of intellectual disability before a death-penalty trial proceeds.
Sponsor Representative Marty Werkheiser told the chamber the bill adopts a pretrial motion process and a "preponderance of evidence" standard used in other states…
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