Bill Text: GA SB121 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Proceedings; provide defendant must be found mentally retarded by a preponderance of the evidence

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2009-02-06 - Senate Read and Referred [SB121 Detail]

Download: Georgia-2009-SB121-Introduced.html

---

09 LC 21 0213

Senate Bill 121

By: Senators Smith of the 52nd and Harp of the 29th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to provide that a defendant must be found to be mentally retarded by a preponderance of the evidence to be found guilty but mentally retarded; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, is amended by revising paragraph (3) of subsection (c) as follows:

"(3) The defendant may be found 'guilty but mentally retarded' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and by a preponderance of the evidence that the defendant is mentally retarded. If the court or jury should make such finding, it shall so specify in its verdict."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.