08 LC 29
3090
House
Bill 1298
By:
Representatives Mumford of the
95th,
Abrams of the
84th,
Abdul-Salaam of the
74th,
Knox of the
24th,
Cooper of the
41st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of
Georgia Annotated, relating to insanity and mental incompetency, so as to change
certain provisions relating to proceedings upon a plea of insanity or mental
incompetency at the time of the crime; to change the standard of proof in
finding a defendant mentally retarded; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia
Annotated, relating to insanity and mental incompetency, is amended by revising
paragraph (3) of subsection (c) of Code Section 17-7-131, relating to
proceedings upon a plea of insanity or mental incompetency at the time of the
crime, 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
finds 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.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to all trials which occur on
or after the effective date of this Act.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.