Photo by Julianna Leopold

ATLANTA–The Georgia Senate passed House Bill 123, a measure that protects vulnerable individuals from the death penalty, March 31. The Georgia House unanimously approved the bill earlier in the legislative session, and the bill awaits the governor’s signature to become law. Atlanta Archbishop Gregory J. Hartmayer, OFM Conv., and Bishop Stephen D. Parkes of Savannah express their gratitude to lawmakers and advocates for the bill’s passage in an April 2 statement:

“We are very grateful and pleased to learn that House Bill 123 is headed to Governor Brian Kemp’s desk for a signature. This soon-to-be law will protect people with intellectual disabilities from the death penalty.

In 2002, the U.S. Supreme Court determined that executing people with intellectual disabilities violated their Eighth Amendment rights against cruel and unusual punishment. It was left up to the states to write laws that would ensure these rights were protected. Although Georgia had legislation in place intended to do just that, in practice, it fell short.

After many years of advocating for a change to this law, House Bill 123 has been passed by the Georgia General Assembly and sent to Governor Brian Kemp for his signature. This legislation will change the law in two important ways. First, the standard of proof has been lowered from ‘beyond a reasonable doubt’ to ‘preponderance of the evidence.’ Second, the determination of intellectual disability will occur in a pre-trial hearing, rather than by the jury while they are determining guilt.

We are deeply grateful to the sponsor of the bill, Chairman Bill Werkheiser, as well as the faith communities, organizations and compassionate, determined advocates we have worked with over the years. The passage of HB 123 proves that when we come together, we can enact change for the better.

As Catholics, we are committed to protecting the vulnerable and to promoting a culture of life in our society. House Bill 123 works to do both, and we celebrate its passage and all the good that it will do.”