HB460: HB460 Evidence; exclude certain communications made between attorney and client when client is in a penal institution

Georgia law already protects communications between attorneys and their clients from being used as evidence. This bill amends that law (O.C.G.A. § 24-5-501) to specifically address communications made by phone or electronic device when a client is held in a penal institution, using the same definition of penal institution found in Georgia's wiretapping law (O.C.G.A. § 16-10-56). The bill requires every penal institution to give inmates access to a nonrecording phone or electronic device to talk with their attorney. It also sets rules for what happens if an attorney-client communication is intercepted: prosecutors must give the defense a copy of the court order authorizing the interception at least ten days before any hearing, and a person affected by the interception can ask a judge to suppress the evidence if it was intercepted illegally or the authorizing order was flawed. If the interception was in violation of the law, the evidence is treated as illegally obtained. The bill repeals any conflicting laws.

• Extends attorney-client privilege protection to telephonic or electronic communications made by a client held in a penal institution, as defined under Georgia's wiretapping law (O.C.G.A. § 16-10-56).
• Requires each penal institution to provide inmates with access to a nonrecording phone or electronic device to communicate with their attorney.
• Requires prosecutors to give all parties a copy of the court order authorizing any wiretap of an attorney-client communication at least ten days before a trial or hearing.
• Allows anyone affected by an intercepted communication to file a motion to suppress that evidence if the interception was unlawful or the authorizing order was defective.
• Directs that if a suppression motion is granted, the intercepted communication is treated as having been obtained in violation of the law.
• Repeals any other Georgia laws that conflict with these changes.

People held in Georgia jails or prisons and their defense attorneys, penal institution administrators who must provide communication devices, prosecutors handling cases involving intercepted communications, and judges who rule on suppression motions.

The bill would guarantee incarcerated clients a way to talk privately with their lawyers using a device that cannot record the call, and it sets clear procedures for challenging evidence if those conversations are wiretapped, affecting how criminal cases involving jailed defendants are prepared and tried.

• Section 1 revises paragraph (2) of subsection (a) of O.C.G.A. § 24-5-501 to cover phone and electronic communications between attorneys and clients held in a penal institution.
• Requires penal institutions to provide access to a nonrecording telephonic or electronic device for attorney-client communication.
• Sets a ten-day notice requirement before trial or hearing for sharing the court order authorizing any interception of such communications.
• Establishes grounds for suppression motions: unlawful interception, a facially insufficient authorization order, or interception that did not conform to the order.
• States that if a suppression motion is granted, the intercepted communication is treated as obtained in violation of the Code section.
• Gives judges discretion to let defense counsel inspect portions of intercepted communications or derived evidence in the interest of justice.
• Section 2 repeals conflicting laws.

1. 2026-03-31Senate Tabled (Senate)
2. 2026-03-20Senate Committee Favorably Reported (Senate)
3. 2026-01-12Senate Recommitted (Senate)
4. 2026-01-12Senate Taken from Table (Senate)
5. 2025-04-02Senate Tabled (Senate)
6. 2025-03-27Senate Read Second Time (Senate)
7. 2025-03-27Senate Committee Favorably Reported (Senate)
8. 2025-03-10Senate Read and Referred (Senate)

• Esther Panitch (D, HD-051)Primary sponsor
• Tyler Smith (R, HD-018)
• Stacey Evans (D, HD-057)
• Scott Holcomb (D, HD-101)
• Yasmin Neal (D, HD-079)
• Terry Cummings (D, HD-039)
• Bill Cowsert (R, SD-046)

1. PassedHouse voteMarch 6, 2025

   172 yea, 0 nay (4 not voting, 4 absent)

   Passage: House Vote #208

2. PassedSenate voteMarch 31, 2026

   39 yea, 10 nay (2 not voting, 3 absent)

   Motion To Table Remaining Legislation On The Rules Calendar: Senate Vote #912

• attorney-client privilege
• criminal justice
• jails and prisons
• evidence law
• wiretapping