Bill Text: GA SB443 | 2011-2012 | Regular Session | Introduced

---

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

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-02-16 - Senate Read and Referred [SB443 Detail]

Download: Georgia-2011-SB443-Introduced.html

---

12 LC 29 5109

Senate Bill 443

By: Senators Fort of the 39th, Orrock of the 36th, Jones of the 10th, Davenport of the 44th, Butler of the 55th and others

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All laws and parts of laws in conflict with this Act are repealed.