ATLANTA – State Representative Deborah Silcox (R-Sandy Springs), chair of the House MARTOC Committee, yesterday joined State Representatives Scott Hilton (R-Peachtree Corners) and Sharon Cooper (R-Marietta) at the State Capitol as Governor Brian Kemp signed House Bill 218 into law. Co-sponsored by Rep. Silcox, this act clarifies the definition of “mentally incapacitated” and admits out-of-court statements to be permissible as relevant testimony in court proceedings.
“Safeguarding those who are vulnerable during legal matters is not only essential for a strong justice system, but it also ensures that those battling mental disabilities have a fair shot at defending their rights and holding accountable those who have harmed them,” said Chair Silcox. “I am grateful to Governor Kemp for signing this measure into law, and I am honored to have co-sponsored this pivotal legislation alongside my colleagues Rep. Hilton and Chair Cooper. Now, individuals struggling with mental inabilities can increase their chances of legal victory.”
House Bill 218 clarifies the definition of “mentally incapacitated” and allows certain out-of-court statements to be used as evidence in court. Specifically, the law allows individuals 17 or older who are deemed mentally incapacitated to report sexual assault or physical abuse to a third party. This third-party’s testimony can then be admitted as evidence in court, but only if the person is available for cross-examination to ensure a fair and accurate trial. The law goes into effect on July 1, 2024.
*Editor’s note: a photo from the bill signing is attached.
Representative Deborah Silcox represents the citizens of District 53, which includes portions of Fulton County. She was first elected to the House of Representatives in 2016 and re-elected in 2022. She currently serves as Chairman of the MARTOC Committee and Vice Chairman of the Judiciary Non-Civil Committee. She also serves on the Judiciary, Public Health and Urban Affairs committees.
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