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:
<ins>"(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
</ins>
<ins>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
</ins>
<ins>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."
</ins> 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.