HB 1223: Local government; provide exemption from disclosing audio and video recordings captured by law enforcement when such recordings depict a person's death

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.

• 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.

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.

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.

• 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.

1. 2026-03-03House Committee Favorably Reported By Substitute (House)
2. 2026-02-09House Second Readers (House)
3. 2026-02-06House First Readers (House)
4. 2026-02-05House Hopper (House)

• Joseph Gullett (R, HD-019)Primary sponsor
• Clint Crowe (R, HD-118)
• Martin Momtahan (R, HD-017)
• Angie O'Steen (R, HD-169)
• Tangie Herring (D, HD-145)
• Yasmin Neal (D, HD-079)

• open records
• police body cameras
• public safety
• government transparency
• victims' families