Georgia bill lowering threshold for proving intellectual disability in death penalty cases heads to Gov. Kemp

The Georgia Senate passed a bill on Monday easing the state's strict burden of proof required for a death row inmate to be deemed intellectually disabled, which would make them ineligible for a death sentence.

The Peach State currently has the highest threshold in the nation for a person to prove they have an intellectual disability, allowing them to avoid the death penalty. 

After a yearslong push to lessen requirements, the Senate approved H.B. 123 on Monday by a 53-1 vote. The measure now heads to Republican Gov. Brian Kemp's desk after it was unanimously approved by the House earlier this month.

Georgia became the first state to outlaw the death penalty for intellectually disabled people in 1988. The U.S. Supreme Court later followed suit and ruled in 2002 that executing intellectually disabled people violates constitutional protections against cruel an...