GA SB159

Defendants in capital cases where the death penalty is sought may file a pretrial notice claiming intellectual disability, with the court (not jury) determining the claim by preponderance of evidence

If a defendant is found to have intellectual disability at the pretrial hearing, the state is barred from seeking the death penalty; if not found, the defendant can still raise the issue at trial

For trials commencing on or after July 1, 2025, juries must first determine guilt, then separately consider intellectual disability evidence and enter a finding of "intellectual disability" or "no intellectual disability"

Defendants found guilty but with intellectual disability cannot receive the death penalty and must be sentenced to life imprisonment

Time spent on pretrial intellectual disability claims is excluded from speedy trial calculations, and Supreme Court review procedures are expanded to include intellectual disability determinations as potential reversible error