Georgia has joined a growing number of states that prohibit the execution of people with intellectual disabilities after Gov. Brian Kemp signed a bill into law on May 12, 2025, establishing clearer legal protections for such defendants in capital cases.

Nearly Impossible Standard Eliminated

For decades, Georgia stood alone in requiring defendants to prove intellectual disability “beyond a reasonable doubt,” the highest evidentiary standard in criminal law. This threshold, critics argued, was nearly insurmountable, often leaving vulnerable individuals on death row. HB 123 replaces that standard with a “preponderance of evidence” standard, meaning it must be more likely than not that the defendant has an intellectual disability. This change brings Georgia in line with the 26 other states that retain the death penalty that use either the preponderance of the evidence standard or its functional equivalent—the substantial evidence standard, according to the Death Penalty Information Center.

The law also mandates that intellectual disability claims be resolved before a trial begins, with a judge, not a jury, making the determination. Previously, juries weighed disability claims alongside gruesome trial evidence, a process that Rep. Bill Werkheiser, the bill’s sponsor, said created an “unacceptable risk” of executing those with intellectual disabilities. “The facts of the crime and the question of intellectual disability are separate questions,” Werkheiser, a Glennville Republican, told The Atlanta Journal-Constitution. This change aligns Georgia with the other states that still have the death penalty. 

Georgia was the first state to ban executions of people with intellectual disabilities in 1988, a pioneering move at the time. Yet, the state’s high standard of proof undermined this protection. In the 2002 case Atkins v. Virginia, 536 U.S. 304 (2002), the United States Supreme Court declared that executing individuals with intellectual disabilities was unconstitutional under the Eighth Amendment’s prohibition on cruel and unusual punishment, but the Court left it to the states to set their own standards on what constitutes intellectual disabilities. Georgia’s outlier status persisted, drawing criticism from advocates and legal experts.

Cathy Harmon-Christian, executive director of Georgians for Alternatives to the Death Penalty, called the new law “an enormous, momentous achievement.” She added, “It just shows a kind of lift in who we are as people and in our humanity, because every other state and the Supreme Court agrees that we can hold people with intellectual disabilities accountable for their crimes without having to kill them.” She highlighted the challenges defendants face, noting, “How can they support their lawyer to give the best testimony when perhaps they don’t have the intellectual capacity to be able to do that?”

Lives at Stake

The law’s passage follows high-profile cases that underscored the old standard’s flaws. Willie James Pye, executed in March 2024, had an IQ of 68, yet courts deemed him competent for trial and capital punishment. His case, among others, fueled arguments that Georgia had executed individuals who likely qualified as intellectually disabled. “We have executed and death sentenced people with intellectual disabilities,” Harmon-Christian said, emphasizing the urgency of reform.

The Southern Center for Human Rights, which has fought for this change for two decades, celebrated HB 123’s signing. “This law will undoubtedly save lives,” said Terrica Redfield Ganzy, the center’s executive director. The legislation, effective immediately upon Governor Kemp’s signature, also allows for life without parole as a sentencing option for those found to have intellectual disabilities, ensuring accountability while sparing them execution.

No Retroactive Relief

HB 123 does not abolish Georgia’s death penalty, which remains in place for what State Rep. Matt Reeves, a co-sponsor, described as “cold-blooded killers.” Reeves, a Duluth Republican and attorney, framed the law as a matter of due process: “It definitely is something good for people with disabilities—intellectual disabilities,” he said. “There still would be the death penalty, but this gives due process according to what the law of the land says here in Georgia.”

Unfortunately, the law is not retroactive, meaning the 34 prisoners currently on Georgia’s death row cannot appeal under its provisions. This limitation has drawn criticism from some advocates, who argue that past cases, like Pye’s, warrant re-examination. Still, the bill’s near-unanimous support—passing the House 172-0 and the Senate 53-1—signals broad bipartisan recognition of its necessity.

Broader Implications

Nationally, the law positions Georgia as a case study in balancing justice with compassion. The Arc, a leading disability rights organization, praised the reform, noting that intellectual disabilities can impair a defendant’s ability to assist in their defense or fully comprehend their actions’ consequences. “This is about fairness,” said a spokesperson for The Arc of Georgia, which supported the bill.

Recent data from the Bureau of Justice Statistics shows that approximately 2.5% of U.S. prisoners have cognitive disabilities, a figure likely underreported due to inconsistent screening. Georgia’s reform could inspire other states to revisit their protocols, particularly those with high death row populations like Texas and Florida, which already use the preponderance standard.

Looking Ahead

As Georgia implements HB 123, legal experts anticipate challenges, including potential resistance from prosecutors concerned about added pretrial steps. Randy McGinley, a district attorney in the Alcovy Judicial Circuit, previously argued that such hearings could make capital cases “unmanageable.” However, supporters counter that the change streamlines justice by resolving disability claims early, avoiding protracted appeals.

For now, advocates and lawmakers alike see the law as a moral and legal victory. “I want to believe that no one, regardless of their political affiliation, wants to see a person who’s living with intellectual disability wrongfully executed,” Ganzy said. 

Conclusion

Georgia’s new law is more than a legal correction—it’s a moral reckoning. By finally aligning with the rest of the nation, the state has acknowledged a fundamental truth: Intellectual disability diminishes culpability, and justice must reflect that reality. But this victory is bittersweet because there are still 34 prisoners on death row who were sentenced under the previous unjust standard. Their cases remind us that fairness delayed can be justice denied.

The true test of this law lies in its enforcement. Will courts apply it rigorously, or will old biases linger? This law is progress, but it’s not the endpoint. It’s a challenge to the legal system: If we recognize disability as a mitigating factor in death penalty cases, shouldn’t we also reconsider how we treat intellectually disabled individuals at every stage of justice—from policing to parole?  

Sources: atlantanewsfirst.com, The Atlanta Journal-Constitution

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