HB285: HB285 Law enforcement agencies; judicial procedure for purging a person's involuntary hospitalization information; provide

25 LC 39 4557 House Bill 285 By: Representative Buckner of the 137th A BILL TO BE ENTITLED AN ACT To amend Code Section 35-3-34 of the Official Code of Georgia A nnotated, relating to1 disclosure and dissemination of criminal records to private persons and businesses, resulting2 responsibility and liability of the Georgia Crime Information Center, and provision of certain3 information to the FBI in conjunction with the National Instant Criminal Background Check4 System, so as to provide for a judicial procedure for purging a person's involuntary5 hospitalization information received by the center for the purp ose of the National Instant6 Criminal Background Check System under certain circumstances; t o change provisions7 relating to the retention of a person's involuntary hospitalization information; to provide for8 related matters; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and12 dissemination of criminal records to private persons and businesses, resulting responsibility13 and liability of the Georgia Crime Information Center, and provision of certain information14 to the FBI in conjunction with the National Instant Criminal Background Check System, is15 amended by revising paragraph (2) of subsection (e) as follows:16 H. B. 285 - 1 - 25 LC 39 4557 "(2)(A) The records of the Georgia Crime Information Center center shall include17 information as to whether a person has been involuntarily hospi talized. 18 Notwithstanding any other provisions of law and in order to carry out the provisions of19 this Code section and Code Section 16-11-172, the Georgia Crime Information Center20 center shall be provided such information and no other mental health information from21 the involuntary hospitalization records of the probate courts c oncerning persons22 involuntarily hospitalized after March 22, 1995, in a manner ag reed upon by the23 Probate Judges Training Council and the Georgia Bureau of Investigation The Council24 of Probate Court Judges of Georgia and the bureau to preserve the confidentiality of25 patients' rights in all other respects. Further, notwithstanding any other provisions of26 law and in order to carry out the provisions of this Code secti on and Code Section27 16-11-172, the center shall be provided information as to wheth er a person has been28 adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the29 time of the crime, has been involuntarily hospitalized, or both, from the records of the30 clerks of the superior courts concerning persons involuntarily hospitalized after31 March 22, 1995, in a manner agreed upon by The Council of Superior Court Clerks of32 Georgia and the Georgia Bureau of Investigation bureau to preserve the confidentiality33 of patients' rights in all other respects. After five years have elapsed from the date that34 a person's involuntary hospitalization information has been rec eived by the Georgia35 Crime Information Center, the center shall purge its records of such information as soon36 as practicable and in any event purge such records within 30 days after the expiration37 of such five-year period.38 (B) When a person's mental health information has been submitt ed pursuant to39 subparagraph (A) of this paragraph, such person may petition the court in which such40 hospitalization proceedings occurred for relief. A copy of such petition for relief shall41 be served upon the opposing civil party or the prosecuting attorney, as the case may be,42 or their successors, who appeared in the underlying case. Within 60 days of the receipt43 H. B. 285 - 2 - 25 LC 39 4557 of such petition, such court shall hold a hearing on such petition; provided, however,44 that such time period may be extended for good cause as determined by the court. The45 prosecuting attorney may represent the interests of the state at such hearing.46 (C) At the hearing provided for under subparagraph (B) of this paragraph, the court47 shall receive and consider evidence concerning:48 (i) The circumstances which caused the petitioner's hospitalization;49 (ii) The petitioner's mental health and criminal history recor ds, if any. The court50 shall require the petitioner to sign a waiver authorizing the r ecord custodian of any51 hospital where such petitioner received mental health treatment for such52 hospitalization or any other facility or outpatient treatment c enter where he or she53 received mental health treatment since such hospitalization to release such records to54 the court. The court shall keep such hospitalization and treatment records confidential55 to the extent possible;56 (iii) The petitioner's reputation, which shall be established through character witness57 statements, testimony, or other character evidence; and58 (iv) Changes in the petitioner's condition or circumstances since such hospitalization.59 (D)(i) The court shall issue a written order of its decision on such petition filed under60 subparagraph (B) of this paragraph no later than 30 days after the hearing.61 (ii) The court shall grant a petition filed under subparagraph (B) of this paragraph if62 it finds by a preponderance of the evidence that the petitioner will not likely act in a63 manner dangerous to himself or herself or that endangers public safety and that64 granting such relief is otherwise consistent with the standards for the issuance of a65 weapons carry license as provided for in subsection (b.1) of Code Section 16-11-129.66 A record shall be kept of the hearing on any petition for relief and such record shall67 be exempt from disclosure as a public record under Article 4 of Chapter 18 of Title68 50. Any appeal of the court's ruling on such petition shall be as provided for by the69 laws governing the appeal of decisions from such court; provided, however, that any70 H. B. 285 - 3 - 25 LC 39 4557 such appeal from a probate court, as defined in Code Section 15 -9-120, shall be by71 de novo investigation to the superior court, notwithstanding Code Sections 5-3-4 and72 5-3-5 and paragraph (2) of subsection (a) of Code Section 5-6-33.73 (iii) If the court grants a petition filed under subparagraph (B) of this paragraph, the74 clerk of court shall report such order to the center immediatel y, but in no case later75 than ten days after the date of such order, and the center shall purge such record that76 is the subject of the order as soon as practicable but not later than 30 days after receipt77 of such order.78 (E) In the case of a person who is involuntarily hospitalized, such person shall not be79 entitled to petition for relief pursuant to this Code section p rior to being discharged80 from such hospitalization. A person's first petition for relief may be filed only after the81 expiration of 12 months from the date of such person's discharg e from involuntary82 hospitalization. No petition for relief pursuant to this Code section may be filed within83 a period of two years from the date of the final order on a previous petition for relief.84 (F) Information received by a prosecuting attorney pursuant to this paragraph shall not85 be used against the petitioner in any other case or context unl ess such information is86 obtained in such other case or context by other rules of evidence or discovery."87 SECTION 2.88 All laws and parts of laws in conflict with this Act are repealed.89 H. B. 285 - 4 -