Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1223: Local government; provide exemption from disclosing audio and video recordings captured by law enforcement when such recordings depict a person's death
Last action March 3, 2026 · House Committee Favorably Reported By Substitute
HB1223 would let Georgia state and local government agencies withhold audio and video recordings that show a person's death from public records requests, with limited exceptions for next of kin and court-ordered release.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Under Georgia's Open Records Act (O.C.G.A. § 50-18-72), certain categories of records are exempt from public disclosure. This bill adds a new exemption covering audio or video recordings from government devices, such as police body cameras or dashcams, that show a deceased person, depict someone's death, or show a person in distress right before dying. The recordings could still be released to the deceased person's next of kin (spouse, then adult child, then parent, in that order) or to someone with the next of kin's written permission. In closed criminal investigations, a superior court could order release if it finds disclosure serves the public interest and outweighs the family's privacy interest, after reviewing the footage privately and giving the next of kin at least two weeks' notice. The exemption applies to existing and future recordings and does not block access for defense counsel in habeas corpus or new trial proceedings. The law would take effect as soon as the Governor signs it.
What the bill does
- Adds a new exemption to Georgia's open records law (O.C.G.A. § 50-18-72) shielding recordings that show a person's death or their final moments from public disclosure.
- Allows release of these recordings to the deceased person's next of kin, in a set order (spouse, then adult child, then parent), or to someone with the next of kin's written consent.
- Lets a superior court order disclosure in closed criminal investigations if it finds the public interest in release outweighs the family's privacy interest, after reviewing the footage privately.
- Requires agencies to give the next of kin at least two weeks' notice before releasing any such recording, a notice period courts cannot shorten.
- Applies the exemption to recordings already held by agencies as of May 13, 2026, and to any recordings created after that date.
- Exempts defense counsel from the restriction when requesting recordings for habeas corpus proceedings or motions for a new trial.
Who it affects
State and local government agencies (especially police and sheriff's departments) that hold body camera and dashcam footage, families of people who died in incidents captured on such recordings, journalists and members of the public seeking records, and defense attorneys handling habeas corpus or new trial cases.
Why it matters
Footage showing someone's death, such as police shootings or fatal crashes, would generally become harder for the public and press to obtain, shifting control largely to the deceased person's family and the courts. This could limit public scrutiny of government conduct while giving grieving families more say over sensitive footage.
Key provisions
- Section 1 amends O.C.G.A. § 50-18-72(a) by adding paragraph (53), exempting recordings that show a person's death or distress immediately before death from mandatory public disclosure.
- Subparagraph (A) defines who counts as next of kin and allows disclosure to them or to someone they authorize in writing.
- Subparagraph (B) allows a superior court to order disclosure in closed criminal investigations after weighing public interest against the family's privacy, following an in-camera review.
- Subparagraph (C) requires at least two weeks' notice to next of kin before release, and bars courts from shortening that notice.
- Subparagraph (D) makes the exemption apply to recordings already in government custody as of May 13, 2026, and to future recordings.
- Subparagraph (E) exempts requests by defense counsel for habeas corpus or new trial proceedings from the disclosure restriction.
- Section 2 makes the law effective immediately upon the Governor's signature or upon becoming law without signature.
From the bill
“Audio or video recordings from devices used by any state or local government agency that include audio, video, or images of a deceased person, or otherwise show a person's death or show a person in distress immediately preceding his or her death”
“a superior court may order the disclosure of audio or video recordings provided in subparagraph (A) of this paragraph upon findings in writing that disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased person's next of kin”
“the custodian of such recordings shall give the deceased person's next of kin at least two weeks' notice”
Discussed in meetings (7)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Committee, February 23, 2026
From 1:10:27 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1223 would exempt death recordings and immediately preceding distress from public disclosure when no investigation is pending and disclosure would invade privacy, while preserving specified access and court-ordered release. The sponsor and law-enforcement witnesses emphasized family privacy and commercial exploitation. Members questioned family access without an estate representative, access before filing suit, blurring images and public oversight of deaths involving police. The Hiram police chief cited outside investigations and court review as safeguards. The West Georgia Circuit district attorney initially described the proposal as addressing noncriminal situations, but later expressed uncertainty about its amended scope; the sponsor said it could apply after criminal investigations close. Georgia Press Association and Georgia Association of Broadcasters witnesses sought news-media access, citing transparency. A Department of Juvenile Justice witness sought coverage for correctional officers and surveillance systems. Members adopted amendments extending coverage beyond law-enforcement devices, clarifying timing, adding next-of-kin and potential civil-party access, and preserving criminal discovery requirements across the records exemptions. A news-media exception for investigative purposes was defeated after debate over privacy, oversight and unequal treatment of news outlets. A proposed exception for civilian deaths involving on-duty officers remained unresolved. The chair postponed further work until Wednesday at 1 p.m., without a final bill vote.
House Judiciary Committee, March 2, 2026
From 1:12:09 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute to HB 1223 covering audio and video recordings from state or local government agencies that depict a deceased person. The sponsor said it defined next of kin and would require others seeking access to petition superior court, showing that the public interest outweighed privacy concerns. The sponsor described factors courts would consider, including scrutiny of government performance, family privacy and less intrusive sources of information. The sponsor said next of kin would receive two weeks’ notice before an order and that access for counsel representing convicted defendants or handling litigation remained available. Asked about news organizations, the sponsor said there was no separate press exception, so journalists would use the court process. Asked when the restriction would apply, the sponsor said it addressed access after an investigation closed. One member questioned whether the substantially revised proposal needed more testimony; the chair said no opponent had signed up. The committee approved the substitute by voice vote, with opposition heard but no count stated.
House Rules Committee, March 4, 2026
From 1:10:39 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1223 would create a narrow public-records exemption for government videos showing a person's death or immediate distress before death when release would invade personal privacy. A member questioned whether it would reduce transparency and force residents to hire lawyers to investigate fatal incidents involving public employees. The sponsor said next of kin could obtain and publish recordings, people involved in pending litigation could seek them, and news organizations could petition a court on public-interest grounds. The sponsor described online publishers profiting from death videos and said a family had been asked to pay a sizable sum to remove footage of a slain CDC officer. Asked about bipartisan support, the sponsor cited cosponsors from both parties but could not confirm bipartisan committee support. No decision was recorded.
House Rules Committee, March 6, 2026
From 1:24:08 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 2178
Summary by Georgia Commons: The committee placed HB 1223 on the supplemental floor calendar under modified structured rules. An objection prompted a voice vote, and the chair announced that the motion passed. No substantive discussion occurred.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Joseph Gullett (R, HD-19)
- Clint Crowe (R, HD-118)
- Martin Momtahan (R, HD-17)
- Angie O'Steen (R, HD-169)
- Tangie Herring (D, HD-145)
- Yasmin Neal (D, HD-79)
Topics
- open records
- police body cameras
- public safety
- government transparency
- victims' families