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GA SB401

Bill

Official Source

Status

Introduced

2/18/2016

Primary Sponsor

Elena Parent

Click for details

Origin

Senate

2015-2016 Regular Session

AI Summary

  • Amends O.C.G.A. § 17-7-131 to lower the standard of proof for establishing mental retardation in a "guilty but mentally retarded" plea from the existing standard to a preponderance of the evidence
  • Guilt of the crime charged must still be proven beyond a reasonable doubt by the jury or court acting as trier of fact
  • Requires the court or jury to specifically state the "guilty but mentally retarded" finding in its verdict if both conditions are met
  • Sponsored by Senators Parent (42nd), Orrock (36th), Millar (40th), and Fort (39th) in the 2016 Georgia legislative session

Legislative Description

Pretrial Proceedings; change the standard of proof when a defendant pleads guilty but mentally retarded

Last Action

Senate Read and Referred

2/19/2016

Full Bill Text

No bill text available