FOR IMMEDIATE RELEASE
March 4, 2025
Georgia House Passes HB 123: A Landmark Victory for Justice, Public Safety, and Families
Atlanta, GA – In a historic move toward a more just and equitable legal system, the Georgia House of Representatives has passed HB 123, legislation that ensures individuals with intellectual disabilities serving life sentences without parole and those sentenced to the death penalty have a legal pathway to seek case reviews and appropriate sentencing reconsiderations.
This groundbreaking bill aligns Georgia’s justice system with scientific and legal standards, recognizing that individuals with intellectual disabilities are uniquely vulnerable within the criminal legal process. By passing HB 123, Georgia is taking a significant step toward fairness, public safety, and fiscal responsibility—ensuring that justice is administered based on cognitive ability, not just punishment.
A Step Toward Justice for the Most Vulnerable
For years, Georgia has maintained some of the strictest sentencing laws in the country, often condemning individuals with intellectual disabilities to life without parole or even the death penalty—despite growing recognition that they may have lacked the capacity to fully comprehend their actions or legal proceedings.
HB 123 introduces critical protections and pathways for review that will:
Allow case reevaluations for individuals with intellectual disabilities serving life without parole and on death row, ensuring that those who lacked full comprehension at the time of sentencing receive fair and just treatment.
Offer relief to families, many of whom have tirelessly advocated for their loved ones trapped in a system that fails to recognize their cognitive impairments.
Enhance public safety by prioritizing correctional resources for individuals who pose an actual risk to society, rather than warehousing those with severe intellectual disabilities who require specialized care.
Public Safety and Fiscal Responsibility
The passage of HB 123 is not just a win for justice—it is a win for public safety and Georgia taxpayers. Studies have shown that individuals with intellectual disabilities are less likely to reoffend when placed in rehabilitative and supervised care rather than high-security incarceration. This means fewer tax dollars spent on unnecessary imprisonment and capital trials, allowing the state to invest in programs that truly protect the public.
Additionally, the bill helps ensure that Georgia’s justice system aligns with federal standards and U.S. Supreme Court precedent, which has long recognized that executing individuals with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment.
A Victory for Families and Advocacy
For the families of those impacted, HB 123 represents hope, justice, and dignity.
“This is a monumental day for Georgia,” said House Representative Werkheiser. “No longer will we allow individuals with intellectual disabilities to be unjustly condemned without recognizing the limitations they faced in navigating the legal system. This law is about fairness, humanity, and ensuring that our state does not turn a blind eye to those most vulnerable in the criminal justice system.”
As HB 123 moves forward to the Georgia Senate, advocates are calling for swift action to enshrine these protections into law, ensuring that Georgia upholds the principles of justice, fairness, and public safety for all.
For Media Inquiries:
Nicole Wiesen, Ph.D., MSW, CCTS-I
Gerogia For Alternatives to the Death Penalty
Phone (678) 215-4436 Email: nicole@gfadp.org
