HB 123 Georgia House · 2025-2026 Regular Session

Criminal procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has an intellectual disability; provide

Summary
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for pretrial proceedings in capital offense cases where the death penalty is sought when the accused has intellectual disability; to provide for a definition; to provide for notice of intent to claim intellectual disability; to provide for pretrial determination of intellectual disability; to provide for verdicts; to provide for capital case procedures; to provide for reports investigating reversible error; to provide for a standard of review; to provide for related matters; to repeal conflicting laws; and for other purposes.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
House Passage
Mar 2025
Senate Passage
Mar 2025
Signed into Law
May 2025
Introduced Jan 27, 2025 Signed May 13, 2025
Maddy AI version diff · 1 comparison

What changed between versions

LC 48 1378/a HB 123/AP* · 3 edits
MINOR
This bill was updated from a draft version to its final passed version by both the House and Senate. The main substantive change is the addition of detailed discovery rules requiring both the defendant and the state to exchange information about intellectual disability claims at least 60 days before a pretrial hearing. The bill also clarifies language by consistently adding 'an' before 'intellectual disability' throughout the text and adds a new reference to Code Section 5-7-1 for appeals.
Scope change
The bill's scope remains focused on capital offense cases where the death penalty is sought and the accused has intellectual disability. No change to applicability.
REQUIREMENT

Added mandatory discovery exchange requirements where defendants must provide all intellectual disability-related evidence to prosecutors 60 days before the pretrial hearing, and prosecutors must respond within 30 days.

TECHNICAL

Consistently added the article 'an' before 'intellectual disability' throughout the text for grammatical consistency.

ENFORCEMENT

Added a new appeal provision allowing parties to seek review under Code Section 5-7-1 in addition to the existing Code Section 5-6-34.

Floor votes · Senate Mar 31, 2025 · House Mar 4, 2025

How they voted

512
Passed · 2 other
Total votes 55
Mar 31, 2025
D Democratic22
19 Yea 1 Nay 2
86% Yea
R Republican33
32 Yea 1 Nay
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
6
Committee
3
Amendments
1
May 13, 2025
Signed into law
Act 191
upper
May 13, 2025
Signed into law
House Date Signed by Governor
lower
Mar 31, 2025
Introduced
House Agreed Senate Amend or Sub
lower
Mar 31, 2025
Upper · Passed
Senate Passed/Adopted By Substitute
upper
Mar 27, 2025
Upper · Passed
Senate Committee Favorably Reported By Substitute
upper
Mar 6, 2025
Committee
Senate Read and Referred
upper
Mar 4, 2025
Lower · Passed
House Passed/Adopted
lower
Feb 20, 2025
Lower · Passed
House Committee Favorably Reported
lower
Jan 27, 2025
Introduced
House Hopper
lower
6 primary · 0 co-sponsors

Sponsors