The Georgia House of Representatives has unanimously approved a bill that modifies the criteria for determining intellectual disability in death penalty cases. This legislation aims to make it less challenging for individuals facing capital punishment to demonstrate intellectual disability, which would render them ineligible for execution.

Republican State Representative Bill Werkheiser championed the bill, following the controversial execution of Willie James Pye, whose lawyers argued he was intellectually disabled. Pye's case highlighted the difficulty of proving intellectual disability under Georgia's current stringent standards.

Georgia, the first state to prohibit executing intellectually disabled individuals in 1988, currently holds the highest burden of proof in such cases. The new bill proposes a pretrial hearing where defendants can present evidence of intellectual disability, followed by a separate process before the same jury if convicted at trial. Life imprisonment would be the sentence for those deemed intellectually disabled.

Werkheiser emphasized the state's responsibility to protect vulnerable individuals, citing cases like Warren Lee Hill's 2015 execution, where intellectual disability claims were raised but ultimately rejected under the existing standard. The 2021 case of Rodney Young, whose death sentence was upheld despite questions about his intellectual capacity, further fueled the push for reform.

While prosecutors haven't opposed revising the burden of proof, they've expressed concerns about the proposed procedural changes, including the pretrial hearing. They argue that these changes could unduly complicate the process and hinder the application of the death penalty. However, proponents of the bill contend that the current system makes it difficult for jurors to objectively assess intellectual disability evidence after hearing details of a crime.

The bill's supporters also point out that most states have distinct procedures for determining guilt and intellectual disability, often allowing defendants to present evidence of intellectual disability before trial. They believe this approach is crucial to ensuring that individuals with intellectual disabilities are not wrongly executed.

Despite concerns from some prosecutors, the proposed changes have garnered bipartisan support among lawmakers who believe that ensuring fairness in capital cases is paramount. They argue that if the state is to impose the death penalty, it must be reserved for those who fully understand the gravity of their actions.