Georgia Senate bill by Sen. Strickland on competency hearings and mental health evaluations passes House and Senate

Newly passed bill authored by State Sen. Brian Strickland aims to require court hearings before ordering mental competency evaluations, establish procedures for nonviolent misdemeanors, and update employment data rules for the Department of Behavioral Health and Developmental Disabilities, according to the Georgia State Senate.

It passed both chambers as of Friday, April 4, clearing the House by a vote of 142-24 and the Senate by a vote of 50-1.

The bill, introduced as SB132 on Monday, Feb. 10 during the 2025 regular session of the 158th General Assembly, was formally described as: ’Insanity and Mental Incapacity; hearing before a court orders an evaluation of the mental competency of an accused person to stand trial; require’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill mandates a hearing before a court can order a mental competency evaluation for an accused person to stand trial. It stipulates the release of these evaluations to the defense and prosecution, under the condition that they remain sealed unless otherwise ordered by the court. Different procedures are established for individuals accused only of nonviolent misdemeanors, including the possibility of automatic dismissal. Amendments are also made to allow the Department of Behavioral Health and Developmental Disabilities to receive conviction data from law enforcement for employment decisions. The bill becomes effective July 1, 2025, and repeals any conflicting laws.

In the Senate, 19 Democrats and 31 Republicans voted in favor of the bill, while one Republican opposed it.

Meanwhile, in the House, 48 Democrats and 94 Republicans voted in favor, while 22 Democrats and two Republicans voted against it.

The bill was co-sponsored by Sen. Tonya Anderson (Democrat-43rd), Sen. Kim Jackson (Democrat-41st), and Rep. Tyler Paul Smith (Republican-18th), along with two other co-sponsors.

Strickland graduated from Valdosta State University in 2006 with a BBA and again in 2009 from Florida Coastal School of Law with a JD.

Strickland, a Republican, was elected to the Georgia State Senate in 2025 to represent the state’s 42nd Senate District, replacing previous state senator Elena Parent.

The bill was signed into law by Gov. Brian Kemp on Wednesday, May 14.

In Georgia, the legislative process begins when a lawmaker, often at a constituent’s request, works with the Office of Legislative Counsel to draft a bill. After filing with the Clerk of the House or Secretary of the Senate, the bill receives its first reading and is sent to a committee, where most of the debate and fact-finding takes place. If approved, it advances to the floor for a third reading, debate, and a vote. To become law, the bill must pass both chambers, sometimes through a conference committee if versions differ, before being sent to the governor. The governor then has six days during session—or 40 days after adjournment (Sine Die)—to sign, veto, or allow the bill to become law without a signature. The Georgia General Assembly meets annually for a 40-day session beginning the second Monday in January.

Information in this article was obtained from the Georgia State Senate. The source data can be found here.