ATLANTA – State Representative Bill Werkheiser (R-Glennville), chairman of the House Industry and Labor Committee, was recently awarded the Legislator of the Year award from the Georgia Interfaith Public Policy Center. Rep. Werkheiser was selected for this award for his work on House Bill 123, which eliminates the use of the death penalty in capital cases for those with intellectual disabilities.
“I am extremely proud to be recognized for my work on House Bill 123 during the 2025 session, and I am grateful to the Georgia Interfaith Public Policy Center for naming me as their Legislator of the Year for those efforts,” said Rep. Werkheiser. “I have worked on this issue for several years prior to its passage, and I was happy to see this legislation receive such strong support and be signed into law this year, joining dozens of other states with similar laws in place. Defendants with intellectual disabilities oftentimes do not fully understand the consequences of their actions, and this law will ensure that Georgia’s criminal justice system treats these individuals with fairness and integrity.”
House Bill 123 changes the standard for determining when the accused has an intellectual disability (ID) from beyond a reasonable doubt to a preponderance of the evidence in a capital case in which the death penalty is being sought. When the death penalty is sought, the defendant can file a pretrial notice of intent to raise a claim of ID if they provide information to the prosecutor at least 60 days prior to the hearing. When the death penalty is sought and the defendant contends that they have ID, after finding the defendant guilty, the court will allow the defendant to present evidence of the ID and will then instruct the jury on the procedure. If the jury agrees with the defendant, then they will enter a separate finding of “intellectual disability” and can be sentenced to life imprisonment or life imprisonment without parole.
This legislation passed overwhelmingly in the General Assembly and was signed into law by Governor Brian Kemp on May 13, 2025, and the law went into effect immediately.
*Editor’s note: a photo of Chairman Werkheiser with the award is included below.
Representative Bill Werkheiser represents the citizens of District 157, which includes Evans and Jeff Davis counties, as well as portions of Appling and Tattnall counties. He was first elected to the House of Representatives in 2014 and currently serves as Chairman of the Industry and Labor Committee. He also serves on the Appropriations Subcommittee on Public Safety and the Energy, Utilities & Telecommunications, Judiciary Juvenile, Public Safety and Homeland Security and State Properties committees, as well as the Special Committee on Resource Management.
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