---
title: HB 1223. Local government; provide exemption from disclosing audio and video recordings captured by law enforcement when such recordings depict a person's death
collection: bills
id: 2025-2026/hb1223
cite_as: HB 1223, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1223
md_url: https://georgiacommons.org/bills/2025-2026/hb1223.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1223/text
source_url: https://www.legis.ga.gov/legislation/72913
date: 2026-03-03
status: introduced
corpus_version: bills-2026-09-13
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.
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previous: https://georgiacommons.org/bills/2025-2026/hb1222.md
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index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1223.md?full=1
bill_number: HB 1223
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-05
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Joseph Gullett
- Clint Crowe
- Martin Momtahan
- Angie O'Steen
- Tangie Herring
- Yasmin Neal
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1223/2025
upstream_id: 2109966
summaries_model: claude-sonnet-5
topic_tags:
- open records
- police body cameras
- public safety
- government transparency
- victims' families
---
# HB 1223. Local government; provide exemption from disclosing audio and video recordings captured by law enforcement when such recordings depict a person's death
## Text
The House Committee on Judiciary offers the following substitute to HB 1223:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 50-18-72, relating to when public disclosure not required, so as to
provide for an exemption from disclosing audio and video recordings when such recordings
depict a person's death; to provide for exceptions; to provide for related matters; to provide
for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 50-18-72, relating to when public disclosure not required, is amended in
subsection (a) by striking "or" at the end of paragraph (51), by replacing the period with
"; or" at the end of paragraph (52), and by adding a new paragraph to read as follows:
"(53)(A) 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;
provided, however, that this subsection shall not prohibit disclosure of such material to
the deceased person's next of kin or to an individual who has secured a written release
from the deceased person's next of kin. It shall be the responsibility of the individual
claiming to be the deceased person's next of kin to show proof of his or her familiar
relationship with the deceased person. For purposes of this paragraph, the deceased
person's next of kin shall be:
(i) If living, the spouse of the deceased person;
(ii) If there is no living spouse of the deceased person, an adult child of the deceased
person; or
(iii) If there is no living spouse or adult child of the deceased person, a parent of the
deceased person.
(B) Subject to the provisions of subparagraph (C) of this paragraph, in the case of
closed criminal investigations, 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. In making such determination,
the court shall consider whether such disclosure is necessary for public evaluation of
governmental performance, the seriousness of the intrusion into the family's right to
privacy, and whether such disclosure is the least intrusive means available considering
the availability of similar information in other public records. In any such action, the
court shall review the recordings in question in camera with the custodian of crime
scene materials present, if any, and may condition any disclosure on such conditions
as the court may deem necessary to accommodate the interests of the parties.
(C) Prior to releasing any audio or video recordings provided in subparagraph (A) of
this paragraph, the custodian of such recordings shall give the deceased person's next
of kin at least two weeks' notice. No court shall order a disclosure pursuant to
subparagraph (B) of this paragraph which would disregard or shorten the duration of
such notice requirement.
(D) The provisions of this paragraph shall apply to all undisclosed material which is
in the custody of a state or local government agency on May 13, 2026, and to any such
material which comes into the custody of a state or local government agency after such
date.
(E) This paragraph shall not apply to disclosure of crime scene material to counsel
representing a convicted defendant in a habeas corpus action pursuant to Chapter 14 of
Title 9, on an extraordinary motion for new trial under Code Section 5-5-40 or 5-5-41,
or in a federal habeas corpus action under Section 2254 or 2255 of Title 28 of the
United States Code for the purpose of preparing to file or litigating such proceedings.
Counsel may disclose such materials to his or her client and any expert or investigator
assisting such counsel but shall not otherwise disseminate such materials, except to the
extent they may be necessary exhibits in court proceedings. A request pursuant to this
paragraph shall clearly state that such request is being made for the purpose of
preparing to file and litigate proceedings enumerated in this subparagraph."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## 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.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2026-02-05)
- Last action: House Committee Favorably Reported By Substitute (2026-03-03)
- Sponsors: Joseph Gullett, Clint Crowe, Martin Momtahan, Angie O'Steen, Tangie Herring, Yasmin Neal
- Official page: https://www.legis.ga.gov/legislation/72913
> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb1223.md?full=1