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GA SB132

Bill

Status

Passed

5/14/2025

Primary Sponsor

Brian Strickland

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Origin

Senate

2025-2026 Regular Session

AI Summary

  • 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

  • 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

  • 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)

  • 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

  • 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

Committee Referrals

Judiciary - Non-Civil3/10/2025
Judiciary2/11/2025

Full Bill Text

No bill text available