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 Annotated, relating to
disclosure of arrest booking photographs prohibited, so as to prohibit the release or posting
of a booking photograph unless and until the individual depicted therein is convicted; to
provide for booking photograph removal; to provide for penalties; to provide for a civil cause
of action; to provide for limitations; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to disclosure of
arrest booking photographs prohibited, is amended by revising subsections (b) through (d)
and adding new subsections to read as follows:
"(b) Except as provided in Code Section 50-18-77 and booking photographs required for
publication as set forth in Titles 16 and 40, for the <del>State Sexual Offender Registry</del> <ins>state
sexual offender registry, for representatives of a news media organization as provided in
paragraphs (1) and (2) of subsection (c) of this Code section,</ins> and for use by law
enforcement agencies for administrative purposes, an arresting law enforcement agency or
agent thereof shall not <ins>release to the public or</ins> post <del>booking photographs</del> to or on a <ins>public
</ins> website <ins>a booking photograph unless and until the individual depicted in such booking
photograph is convicted of the offense for which such booking photograph was taken.
(c)(1)</ins> An arresting law enforcement agency shall <del>not provide or make available a copy
of a booking photograph in any format to a person requesting such photograph if:</del> <ins>provide
or make available a copy of a booking photograph in any format to a person requesting
such photograph for a news media organization if such person is gathering information,
is making the request as a representative of that news media organization, and complies
with the requirements of paragraph (2) of this subsection.
(2) When a person is making a request, pursuant to paragraph (1) of this subsection, as
a representative of a news media organization, such representative shall submit a
statement affirming that the use of the booking photograph shall be in compliance with
this Code section; that such news media organization's primary business model is not the
publishing and disseminating of booking photographs for a commercial purpose or
pecuniary gain; and that such news media organization does not solicit or accept a fee or
other form of payment to remove a booking photograph. Such statement shall also
disclose the legal name and any and all trade names of that news media organization.
Any person who knowingly makes a false statement in requesting such booking
photograph shall be guilty of a violation of Code Section 16-10-20.
</ins> <del>(1) Such booking photograph may be placed in a publication or posted to a website or
transferred to a person to be placed in a publication or posted to a website; and
(2) Removal or deletion of such booking photograph from such publication or website
requires the payment of a fee or other consideration.
</del> (d) When a person, <ins>other than a representative of a news media organization making a
request pursuant to paragraphs (1) and (2) of subsection (c) of this Code section,</ins> requests
a booking photograph, he or she shall submit a statement affirming that the use of such
photograph is in compliance with <del>subsection (c)</del> this Code section. Any person who
knowingly makes a false statement in requesting a booking photograph shall be guilty of
a violation of Code Section 16-10-20.
<ins>(e)(1) No person or entity engaged in the business of publishing or otherwise
disseminating through a publicly accessible print or electronic medium booking
photographs of individuals who have been arrested shall solicit or accept a fee or other
form of payment to remove such booking photographs from such publicly accessible print
or electronic medium.
(2) An individual whose booking photograph is published or otherwise disseminated
through a publicly accessible print or electronic medium, or his or her legal
representative, may make a request, in writing, for the removal of such booking
photograph to the registered agent of the person or entity that published or otherwise
disseminated such booking photograph.
(3) The written request for removal of a booking photograph shall be sent by registered
mail and include sufficient proof of identification of the individual in such booking
photograph and specific information identifying such booking photograph. Within ten
calendar days after receipt of the written request for removal of a booking photograph,
the person or entity that published or otherwise disseminated such booking photograph
shall remove the booking photograph without charge and shall not publish or otherwise
disseminate such booking photograph again.
(f)(1) An individual whose booking photograph is published or otherwise disseminated
through a publicly accessible print or electronic medium may bring a civil action to
enjoin the continued publication or dissemination of his or her booking photograph if the
booking photograph is not removed within ten calendar days after receipt of a written
request for removal. The court shall impose a civil penalty of $1,000.00 per day for
noncompliance with such injunction and shall award reasonable attorney's fees and court
costs related to the issuance and enforcement of the injunction. Moneys recovered for
</ins>
<ins>civil penalties under this paragraph shall be deposited into the general fund of the state
treasury.
(2) If a person or an entity required to remove a booking photograph under this Code
section later publishes or otherwise disseminates such booking photograph again, the
individual depicted in such booking photograph may bring a civil action to enjoin the
continued publication or dissemination of such booking photograph. The court shall
impose a civil penalty of $5,000.00 per day for noncompliance with such injunction and
shall award reasonable attorney's fees and court costs related to the issuance and
enforcement of the injunction. Moneys recovered for civil penalties under this paragraph
shall be deposited into the general fund of the state treasury.
(g) This Code section shall not apply to any person or entity that publishes or disseminates
booking photographs unless:
(1) The person or entity solicits or accepts a fee or other form of payment to remove the
booking photographs; or
(2) The person or entity's primary business model is the publishing and disseminating
of booking photographs for a commercial purpose or pecuniary gain.
(h) This Code section shall not apply where in the interest of public safety a law
enforcement agency releases a 'be on the lookout' notice of an individual suspected of
criminal activity or during exigent circumstances of a law enforcement investigation."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.