Georgia § 17-7-129 - Mental capacity to stand trial; release of competency evaluation to prosecuting attorney.
Full text of Georgia Official Code of Georgia Annotated § 17-7-129 — Mental capacity to stand trial; release of competency evaluation to prosecuting attorney., with citation guidance and answers to common questions.
§ 17-7-129. Mental capacity to stand trial; release of competency evaluation to prosecuting attorney.
When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused's mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused's mental competency to stand trial. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation of the accused's competency. If the court determines that it is necessary to have a trial on the issue of competency, the court shall follow the procedures set forth in Code Section 17-7-130. The court's order shall set forth those facts which give rise to its bona fide doubt as to the accused's mental competency to stand trial. The evaluation of the Department of Behavioral Health and Developmental Disabilities shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or, if pro se, to the accused, but otherwise, the report shall remain under seal. If the court orders a competency evaluation and the accused serves notice of a special plea of mental incompetency to stand trial or raises the issue of insanity, the court shall release the competency evaluation to the prosecuting attorney. Such evaluation shall not be released to any other person absent a court order. (Code 1981, § 17-7-129 , enacted by Ga. L. 2011, p. 372, § 1/HB 421.)
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 17-7-129
What does Official Code of Georgia Annotated § 17-7-129 cover?
Section 17-7-129 ("Mental capacity to stand trial; release of competency evaluation to prosecuting attorney.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 17-7-129?
A common citation format is "Official Code of Georgia Annotated § 17-7-129" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 17-7-129 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.