--- title: HB 10. Georgia Booking Photo Privacy Protection Act; enact collection: bills id: 2025-2026/hb10 cite_as: HB 10, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb10 md_url: https://georgiacommons.org/bills/2025-2026/hb10.md text_url: https://georgiacommons.org/bills/2025-2026/hb10/text source_url: https://www.legis.ga.gov/legislation/69290 date: 2025-04-04 status: introduced corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb9.md next: https://georgiacommons.org/bills/2025-2026/hb11.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 299 omitted_url: https://georgiacommons.org/bills/2025-2026/hb10.md?full=1 bill_number: HB 10 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-01-13 last_action: House Withdrawn, Recommitted sponsors: - Kim Schofield - Viola Davis - Sandra Scott - Derrick Jackson text_version: Comm Sub has_text: true legiscan_url: https://legiscan.com/GA/bill/HB10/2025 upstream_id: 1916868 summaries_model: claude-sonnet-5 topic_tags: - booking photos - mugshot removal - privacy law - media regulation - criminal justice records --- # HB 10. Georgia Booking Photo Privacy Protection Act; enact ## Text 25 LC 48 1578S The House Committee on Judiciary, Non-Civil offers the following substitute to HB 10: A BILL TO BE ENTITLED AN ACT To amend Code Section 35-1-19 of the Official Code of Georgia A nnotated, relating to1 disclosure of arrest booking photographs prohibited, so as to prohibit the release or posting2 of a booking photograph unless and until the individual depicte d therein is convicted; to3 provide for booking photograph removal; to provide for penalties; to provide for a civil cause4 of action; to provide for limitations; to provide for related matters; to repeal conflicting laws;5 and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to disclosure of9 arrest booking photographs prohibited, is amended by revising subsections (b) through (d)10 and adding new subsections to read as follows:11 "(b) Except as provided in Code Section 50-18-77 and booking photographs required for12 publication as set forth in Titles 16 and 40, for the State Sex ual Offender Registry state13 sexual offender registry, for representatives of a news media organization as provided in14 paragraphs (1) and (2) of subsection (c) of this Code section , and for use by law15 enforcement agencies for administrative purposes, an arresting law enforcement agency or16 H. B. 10 (SUB) - 1 - 25 LC 48 1578S agent thereof shall not release to the public or post booking photographs to or on a public17 website a booking photograph unless and until the individual de picted in such booking18 photograph is convicted of the offense for which such booking photograph was taken.19 (c)(1) An arresting law enforcement agency shall not provide or make available a copy20 of a booking photograph in any format to a person requesting such photograph if: provide21 or make available a copy of a booking photograph in any format to a person requesting22 such photograph for a news media organization if such person is gathering information,23 is making the request as a representative of that news media organization, and complies24 with the requirements of paragraph (2) of this subsection.25 (2) When a person is making a request, pursuant to paragraph (1) of this subsection, as26 a representative of a news media organization, such representat ive shall submit a27 statement affirming that the use of the booking photograph shall be in compliance with28 this Code section; that such news media organization's primary business model is not the29 publishing and disseminating of booking photographs for a comme rcial purpose or30 pecuniary gain; and that such news media organization does not solicit or accept a fee or31 other form of payment to remove a booking photograph. Such sta tement shall also32 disclose the legal name and any and all trade names of that new s media organization. 33 Any person who knowingly makes a false statement in requesting such booking34 photograph shall be guilty of a violation of Code Section 16-10-20.35 (1) Such booking photograph may be placed in a publication or posted to a website or36 transferred to a person to be placed in a publication or posted to a website; and37 (2) Removal or deletion of such booking photograph from such publication or website38 requires the payment of a fee or other consideration.39 (d) When a person, other than a representative of a news media organization making a40 request pursuant to paragraphs (1) and (2) of subsection (c) of this Code section, requests41 a booking photograph, he or she shall submit a statement affirm ing that the use of such42 photograph is in compliance with subsection (c) this Code section. Any person who43 H. B. 10 (SUB) - 2 - 25 LC 48 1578S knowingly makes a false statement in requesting a booking photograph shall be guilty of44 a violation of Code Section 16-10-20.45 (e)(1) No person or entity engaged in the business of publishi ng or otherwise46 disseminating through a publicly accessible print or electronic medium booking47 photographs of individuals who have been arrested shall solicit or accept a fee or other48 form of payment to remove such booking photographs from such publicly accessible print49 or electronic medium.50 (2) An individual whose booking photograph is published or oth erwise disseminated51 through a publicly accessible print or electronic medium, or hi s or her legal52 representative, may make a request, in writing, for the removal of such booking53 photograph to the registered agent of the person or entity that published or otherwise54 disseminated such booking photograph.55 (3) The written request for removal of a booking photograph shall be sent by registered56 mail and include sufficient proof of identification of the indi vidual in such booking57 photograph and specific information identifying such booking photograph. Within ten58 calendar days after receipt of the written request for removal of a booking photograph,59 the person or entity that published or otherwise disseminated such booking photograph60 shall remove the booking photograph without charge and shall not publish or otherwise61 disseminate such booking photograph again.62 (f)(1) An individual whose booking photograph is published or otherwise disseminated63 through a publicly accessible print or electronic medium may br ing a civil action to64 enjoin the continued publication or dissemination of his or her booking photograph if the65 booking photograph is not removed w ithin ten calendar days afte r receipt of a written66 request for removal. The court shall impose a civil penalty of $1,000.00 per day for67 noncompliance with such injunction and shall award reasonable attorney's fees and court68 costs related to the issuance and enforcement of the injunction . Moneys recovered for69 H. B. 10 (SUB) - 3 - 25 LC 48 1578S civil penalties under this paragraph shall be deposited into the general fund of the state70 treasury.71 (2) If a person or an entity required to remove a booking phot ograph under this Code72 section later publishes or otherwise disseminates such booking photograph again, the73 individual depicted in such booking photograph may bring a civi l action to enjoin the74 continued publication or dissemination of such booking photogra ph. The court shall75 impose a civil penalty of $5,000.00 per day for noncompliance with such injunction and76 shall award reasonable attorney's fees and court costs related to the issuance and77 enforcement of the injunction. Moneys recovered for civil penalties under this paragraph78 shall be deposited into the general fund of the state treasury.79 (g) This Code section shall not apply to any person or entity that publishes or disseminates80 booking photographs unless:81 (1) The person or entity solicits or accepts a fee or other form of payment to remove the82 booking photographs; or83 (2) The person or entity's primary business model is the publishing and disseminating84 of booking photographs for a commercial purpose or pecuniary gain.85 (h) This Code section shall not apply where in the interest of public safety a law86 enforcement agency releases a 'be on the lookout' notice of an individual suspected of87 criminal activity or during exigent circumstances of a law enforcement investigation."88 SECTION 2.89 All laws and parts of laws in conflict with this Act are repealed.90 H. B. 10 (SUB) - 4 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. A House substitute would restrict when Georgia law enforcement agencies and media outlets can release or post arrest booking photographs, and would let people sue to force removal of their photo and collect penalties for noncompliance. ### Plain-language summary Georgia law already limits release of arrest booking photographs (O.C.G.A. § 35-1-19). This substitute for House Bill 10 rewrites that section. It generally bars an arresting law enforcement agency from releasing or posting a booking photograph to the public until the person in the photo is convicted, with exceptions for open records requests, certain required publications under Titles 16 and 40, the state sexual offender registry, qualifying news media, and law enforcement's own administrative use. The bill also targets businesses that publish booking photos and then charge people to take them down. It bans charging a fee to remove a booking photo, requires removal within ten calendar days of a written request sent by registered mail, and lets the depicted individual sue to stop continued publication. Courts must impose civil penalties of $1,000 per day for a first violation and $5,000 per day if the photo is republished after removal, plus attorney's fees, with penalty money going to the state treasury. The rules do not apply to law enforcement 'be on the lookout' notices or exigent investigations. ### What it does - Prohibits an arresting law enforcement agency from releasing or posting a booking photograph to the public before the depicted person is convicted, subject to listed exceptions. - Bans any person or entity that publishes booking photos from soliciting or accepting payment to remove them. - Requires publishers to remove a booking photo within ten calendar days of a proper written removal request and bars republishing it afterward. - Creates a civil lawsuit allowing the photographed individual to seek an injunction against continued publication if removal deadlines are missed. - Sets civil penalties of $1,000 per day for a first noncompliance and $5,000 per day if the photo is republished after being removed, plus attorney's fees and court costs. - Exempts law enforcement 'be on the lookout' notices and exigent law enforcement investigations from these restrictions. ### Who it affects Arresting law enforcement agencies, news media organizations that request or publish booking photos, commercial websites and publishers that post mugshots (especially those charging removal fees), and individuals who have been arrested and photographed but not yet convicted. ### Why it matters People arrested but not convicted would gain a legal path to keep their booking photo out of public view or force its removal, and businesses that profit from posting mugshots and charging removal fees would face daily fines and lawsuits if they don't comply, changing how these photos circulate online. ### Key provisions - Section 1 revises O.C.G.A. § 35-1-19(b) to bar release or posting of a booking photograph until conviction, except for open records requests, required Title 16/40 publications, the sex offender registry, qualifying news media, and law enforcement administrative use. - Subsection (c) sets conditions for news media requests, requiring a statement affirming compliance and disclosure of the outlet's legal and trade names; false statements are a crime under O.C.G.A. § 16-10-20. - Subsection (e) bans soliciting or accepting a fee to remove a published booking photo and requires removal within ten calendar days of a written, registered-mail request. - Subsection (f) creates a civil injunction action with penalties of $1,000 per day (first violation) or $5,000 per day (republication after removal), plus attorney's fees, paid into the state general fund. - Subsection (g) limits the removal and fee rules to entities that charge removal fees or whose primary business is publishing booking photos for profit. - Subsection (h) exempts 'be on the lookout' notices and exigent law enforcement investigations from the Code section. - Section 2 repeals conflicting laws. ## Status - Status: Introduced (2025-01-13) - Last action: House Withdrawn, Recommitted (2025-04-04) - Sponsors: Kim Schofield, Viola Davis, Sandra Scott, Derrick Jackson - Official page: https://www.legis.ga.gov/legislation/69290 > The history, votes, and amendments (299 characters) are at https://georgiacommons.org/bills/2025-2026/hb10.md?full=1