At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant’s sanity or insanity at the time at which he is alleged to have committed the offense charged in the indictment or information. When notice of an insanity defense is filed, the court shall appoint at least one psychiatrist or licensed psychologist to examine the defendant and to testify at the trial. This testimony shall follow the presentation of the evidence for the prosecution and for the defense, including testimony of any medical experts employed by the state or by the defense. The medical witnesses appointed by the court may be cross-examined by both the prosecution and the defense, and each side may introduce evidence in rebuttal to the testimony of such a medical witness.
History. Code 1981, § 17-7-130.1 , enacted by Ga. L. 1985, p. 637, § 1.
Administrative rules and regulations.
Disposition of guilty but mentally ill and guilty but mentally retarded offenders, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Services, Mental Health, Developmental Disabilities and Addictive Diseases, Chapter 290-4-8.
Law reviews.
For annual survey of death penalty decisions, see 57 Mercer L. Rev. 139 (2005); 58 Mercer L. Rev. 111 (2006).
For annual survey on criminal law, see 61 Mercer L. Rev. 79 (2009).
Structure Georgia Code
Chapter 7 - Pretrial Proceedings
Article 6 - Demurrers, Motions, and Special Pleas and Exceptions
Part 2 - Insanity and Mental Incompetency
§ 17-7-129. Mental Capacity to Stand Trial; Release of Competency Evaluation to Prosecuting Attorney
§ 17-7-130. Proceedings Upon Plea of Mental Incompetency to Stand Trial
§ 17-7-131. Proceedings Upon Plea of Insanity or Mental Incompetency at Time of Crime