GA HB123

Defendants in capital cases may file a pretrial notice claiming intellectual disability, with hearings conducted either at the court's discretion or upon joint consent of defense and prosecution

The court (not a jury) determines intellectual disability at pretrial hearings, with the defendant bearing the burden of proof by preponderance of evidence; a finding of intellectual disability bars the state from seeking the death penalty

Discovery deadlines require defendants to provide all intellectual disability evidence at least 60 days before the pretrial hearing, with prosecutors responding within 30 days

Adds "guilty but with intellectual disability" as a verdict option in felony cases, resulting in Department of Corrections custody with mental health evaluation and treatment rather than death penalty eligibility

Time spent on pretrial intellectual disability claims does not count toward speedy trial calculations, and either party may seek immediate appellate review of the court's determination