North Fulton Today

State Representative Deborah Silcox praised the legislation signed by Governor Brian Kemp to strengthen protections for mentally incapacitated individuals in court proceedings. Silcox, along with State Representatives Scott Hilton and Sharon Cooper, joined the Governor as House Bill 218 was signed into law. Silcox expressed her gratitude for the new law, stating, “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.”

The newly signed House Bill 218 clarifies the definition of “mentally incapacitated” and allows certain out-of-court statements to be used as evidence in court. Silcox emphasized the importance of this legislation, saying, “Now, individuals struggling with mental inabilities can increase their chances of legal victory.”

The law specifically permits individuals 17 or older who are deemed mentally incapacitated to report sexual assault or physical abuse to a third party. The testimony of this third party can then be admitted as evidence in court, provided that the person is available for cross-examination to ensure a fair and accurate trial. The law is set to go into effect on July 1, 2024.