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GA SB132
Bill
Status
5/14/2025
Primary Sponsor
Brian Strickland
Click for details
AI Summary
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Courts must hold a hearing before ordering a mental competency evaluation when the accused or their attorney raises the competency issue, rather than ordering evaluations automatically
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Competency evaluations remain sealed and released only to the accused's attorney unless a special plea of mental incompetency is filed, at which point the prosecuting attorney also receives the evaluation
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Nonviolent misdemeanor cases receive expedited 45-day evaluation timelines (versus 90 days for other cases) and a maximum 120-day treatment period (versus 9 months for other cases)
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Charges must be automatically dismissed for nonviolent misdemeanor defendants who remain incompetent after the 120-day treatment period, with referral to a community service board unless the prosecutor shows cause for exception
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DUI charges and misdemeanors involving domestic violence are excluded from the expedited nonviolent misdemeanor procedures and follow standard timelines
Legislative Description
Insanity and Mental Incapacity; hearing before a court orders an evaluation of the mental competency of an accused person to stand trial; require
Last Action
Effective Date 2025-07-01
5/14/2025