Photo by Julianna Leopold

ATLANTA— On March 31, House Bill 123, a measure to protect vulnerable individuals from the death penalty, passed the Georgia Senate. The bill previously received unanimous approval from the Georgia House and now awaits Gov. Brian Kemp’s signature to become law.  

“As Catholics, we are committed to protecting the vulnerable and to promoting a culture of life in our society,” said Atlanta Archbishop Gregory J. Hartmayer, OFM Conv., and Bishop Stephen D. Parkes of Savannah in a joint statement. “House Bill 123 works to do both, and we celebrate its passage and all the good that it will do.” 

With the bill’s passing, the standard of proof for defendants with intellectual disabilities will be changed to a preponderance of the evidence. Before HB123, Georgia was the only state in the nation to require a defendant to prove their intellectual disability beyond a reasonable doubt to be discharged from execution.  

The legislation will also create a pre-trial process in which intellectual disability is determined separately from guilt or innocence. The current process requires a jury to determine both intellectual disability and guilt simultaneously.  

Jayna Hoffacker, director of Restorative Justice Ministries of the archdiocese, said that with the proposed changes, if a defendant is found to have an intellectual disability, “a death sentence will be off the table.”  

“To put it quite simply, this legislation will save lives,” Hoffacker said. “We are hopeful that this legislative win will help build momentum for the movement toward full abolition of the death penalty.”  

The bill was introduced by Rep. Bill Werkheiser when the session started in January. Faith communities and advocacy groups, including the Office of Life, Dignity and Justice, immediately began advocating with legislators in the House and Senate to support HB123, shortly after its introduction. 

“I can see the faces of those HB123 will protect,” said Maggie Rousseau, director of the Disabilities Ministry of the Archdiocese of Atlanta. “I have personally helped families whose adult children have had legal issues because of a disability. I worry most about the Georgia individuals and families living with intellectual disabilities facing very difficult challenges that do not have resources. The successful passing of HB123 is for them.” 

Lowering the standard of proof and adding a pre-trial process has been the focus of several anti-death penalty advocacy groups for years, Hoffacker shared. For Rousseau, fighting for intellectually disabled individuals is a deeply personal mission.  

“In 2016, when I learned about the standard of proof in a capital case for persons with intellectual disabilities, I was appalled,” Rousseau said. “As a mother of a child with intellectual disabilities, a former special education teacher and family advocate, I knew then that I had to do something to help affect a change.”  

Working alongside pro-life organizations, anti-death penalty groups, representatives of many faith traditions and individuals with intellectual disabilities for new legislation has been fulfilling, Rousseau said. 

“It has been rewarding to witness the multi-faith effort that went into advocacy efforts,” she said. “By identifying potential bill sponsors throughout Georgia and reaching out to faith organizations in specific geographic areas, our efforts were strengthened. Having more voices from all parts of the state truly helped our efforts.” 

“Representing Archbishop Hartmayer, Bishop Parkes, our auxiliary bishops and especially the individuals and families living with intellectual disabilities in Georgia throughout this journey has been a privilege,” Rosseau shared. 

Gov. Kemp has 40 days to sign HB123 or veto it. If he does not sign the proposed legislation within 40 days, it will go into effect automatically.