---
title: O.C.G.A. § 17-10-69. Prior adjudication as presumption of mental competency.
collection: code
id: 17-10-69
cite_as: O.C.G.A. § 17-10-69 (2025)
canonical_url: https://georgiacommons.org/code/17-10-69
md_url: https://georgiacommons.org/code/17-10-69.md
text_url: https://georgiacommons.org/code/17-10-69/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t17-(v15)-2020-pdf.pdf?sfvrsn=8c04ccfe_0#page=1275
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/17-10.md
previous: https://georgiacommons.org/code/17-10-68.md
next: https://georgiacommons.org/code/17-10-70.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMINAL PROCEDURE / SENTENCE AND PUNISHMENT / MENTALLY INCOMPETENT TO BE EXECUTED
---

# O.C.G.A. § 17-10-69. Prior adjudication as presumption of mental competency.

If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a new hearing on the question of mental competency to be executed absent the applicant’s making a prima-facie showing of a substantial change in circumstances sufficient to raise a significant question as to the applicant’s mental competency to be executed at the time of filing of any subsequent applications.

## History

Code 1981, § 17-10-69, enacted by Ga. L. 1988, p. 1003, § 2.