Georgia Code
Part 2 - Insanity and Mental Incompetency
§ 17-7-130. Proceedings Upon Plea of Mental Incompetency to Stand Trial

History. Orig. Code 1863, § 4195; Code 1868, § 4234; Code 1873, § 4299; Code 1882, § 4299; Penal Code 1895, § 951; Penal Code 1910, § 976; Code 1933, § 27-1502; Ga. L. 1977, p. 1293, § 3; Ga. L. 1982, p. 3, § 17; Ga. L. 1995, p. 1250, §§ 1.1, 1.2; Ga. L. 2000, p. 1589, § 3; Ga. L. 2007, p. 663, § 1/SB 190; Ga. L. 2009, p. 453, § 3-2/HB 228; Ga. L. 2010, p. 286, § 12/SB 244; Ga. L. 2011, p. 372, § 2/HB 421; Ga. L. 2013, p. 294, § 4-16/HB 242; Ga. L. 2017, p. 417, § 3-2/SB 104.
Cross references.
Mental capacity as it relates to culpability for criminal acts, § 16-3-2 et seq.
Manner of service of petition for release of person detained in facility pursuant to court order, §§ 37-3-148 , 37-4-108 , 37-7-148 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2007 and 2008, “or” was deleted at the end of division (a)(3)(A)(ix); “et.seq” was changed to “et seq.” in subsection (b) and subparagraph (d)(2)(A); “subparagraph (a)(3)(A)” was substituted for “subparagraph (A) of paragraph (3) of subsection (a)” in the second sentence of subsection (b); and “Chapter 3 or 4 of Title 37” was substituted for “Chapters 3 or 4 of Title 37” near the middle of the introductory language of subsection (d).
Editor’s notes.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
U.S. Code.
Defense of insanity, Federal Rules of Criminal Procedure, Rule 12.2.
Law reviews.
For article, “The Georgia Law of Insanity,” see 3 Ga. B. J. 28 (1941).
For note discussing criminal responsibility and mental illness as a defense in Georgia, see 23 Ga. B.J. 538 (1961).
For comment on Bacon v. State, 222 Ga. 151 , 149 S.E.2d 111 (1966), see 18 Mercer L. Rev. 506 (1967).
For note, “Commitment and Release of Persons Found Not Guilty by Reason of Insanity: A Georgia Perspective,” see 15 Ga. L. Rev. 1065 (1981).
For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 144 (1995).
For annual survey of death penalty law, see 56 Mercer L. Rev. 197 (2004); 58 Mercer L. Rev. 111 (2006).
For annual survey of criminal law, see 57 Mercer L. Rev. 139 (2005); 58 Mercer L. Rev. 83 (2006).
For note and comment, “Hope for the Best and Prepare for the Worst: The Capital Defender’s Guide to Reciprocal Discovery in the Sentencing Phase of Georgia Death Penalty Trials,” see 23 Ga. St. U.L. Rev. 995 (2007).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 61 (2017).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

Structure Georgia Code