Atlanta, GA - A controversial bill that modifies the criteria for proving intellectual disability in death penalty cases in Georgia is on its way to Governor Brian Kemp's desk. The bill, if signed into law, would ease the current requirements for defendants to demonstrate intellectual disability, potentially sparing them from execution.
Currently, Georgia has some of the strictest standards in the nation for proving intellectual disability in capital cases. The proposed legislation aims to align the state with federal guidelines and practices in other states. Under the new bill, defendants would need to show 'clear and convincing evidence' of intellectual disability, a lower threshold than the existing standard.
Proponents of the bill argue that the current stringent requirements unfairly prevent individuals with genuine intellectual disabilities from being spared the death penalty. They maintain that the change will ensure a more just and equitable application of the law. Conversely, opponents voice concerns that the lowered threshold could be exploited, allowing individuals who are not truly intellectually disabled to avoid the death penalty.
The bill has passed both the House and Senate and now awaits Governor Kemp's decision. His office has not yet indicated whether he intends to sign the bill into law.
Georgia Bill Nears Law, Easing Death Penalty Rules for Intellectually Disabled
A bill that could change how Georgia determines intellectual disability in death penalty cases is heading to Governor Brian Kemp. The legislation lowers the bar for defendants to prove they have an intellectual disability, which would make them ineligible for the death penalty. Supporters say the change aligns Georgia with other states and federal standards. Opponents express concerns about potential abuse of the system.