House Bill 1469
By: Representatives Santos of the 117th, Reeves of the 99th, Holcomb of the 101st, Leverett
of the 123rd, and Hagan of the 156th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated,
relating to general provisions relative to controlled substances, so as to provide for the
restriction and seal of certain records upon sentencing of a first conditional discharge for
possession of controlled substances and certain nonviolent property crimes until such status
is revoked; to provide for exceptions; to amend Chapter 3 of Title 35 of the Official Code of
Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to provide for the
restriction and seal of a sentence entered upon a first conditional discharge for possession of
a controlled substance until such status is revoked; to provide for exceptions; to provide for
definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to
general provisions relative to controlled substances, is amended by revising Code Section
16-13-2, relating to conditional discharge for possession of controlled substances as first
offense and certain nonviolent property crimes, dismissal of charges and restitution to
victims, as follows:
"16-13-2.
(a) Whenever any person who has not previously been convicted of any offense under
Article 2 or Article 3 of this chapter or of any statute of the United States or of any state
relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs,
pleads guilty to or is found guilty of possession of a narcotic drug, marijuana, or stimulant,
depressant, or hallucinogenic drug, the court may without entering a judgment of guilt and
with the consent of such person defer further proceedings and place him <ins>or her</ins> on
probation upon such reasonable terms and conditions as the court may require, preferably
terms which require the person to undergo a comprehensive rehabilitation program,
including, if necessary, medical treatment, not to exceed three years, designed to acquaint
him <ins>or her</ins> with the ill effects of drug <del>abuse</del> <ins>use</ins> and to provide him <ins>or her</ins> with knowledge
of the gains and benefits which can be achieved <del>by being a good member of society
</del> <ins>without the use of drugs.</ins> Upon violation of a term or condition, the court may enter an
adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and
conditions, the court shall discharge the person and dismiss the proceedings against him
<ins>or her.</ins> Discharge and dismissal under this Code section shall be without court adjudication
of guilt and shall not be deemed a conviction for purposes of this Code section or for
purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
Discharge and dismissal under this Code section may occur only once with respect to any
person.
(b) Notwithstanding any law to the contrary, any person who is charged with possession
of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor
and punished by <del>imprisonment</del> <ins>confinement</ins> for a period not to exceed 12 months or a fine
not to exceed $1,000.00, or both, or public works not to exceed 12 months.
(c) Persons charged with an offense <del>enumerated</del> <ins>provided for</ins> in subsection (a) of this Code
section and persons charged for the first time with nonviolent property crimes which, in the
judgment of the court exercising jurisdiction over such offenses, were related to the
accused's addiction to a controlled substance or alcohol who are eligible for any court
approved drug treatment program may, in the discretion of the court and with the consent
of the accused, be sentenced in accordance with subsection <del>(a)</del> <ins>(b)</ins> of this Code section.
The probated sentence imposed may be for a period of up to five years. No discharge and
dismissal without court adjudication of guilt shall be entered under this subsection until the
accused has made full restitution to all victims of the charged offenses. Discharge and
dismissal under this Code section shall be without court adjudication of guilt and shall not
be deemed a conviction for purposes of this Code section or for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and
dismissal under this Code section may not be used to disqualify a person in any application
for employment or appointment to office in either the public or private sector.
(d)(1) As used in this subsection, the term:
(A) 'Criminal history record information' shall have the same meaning as set forth in
Code Section 35-3-30.
(B) 'Restrict' or 'restriction' shall have the same meaning as set forth in Code Section
35-3-37.
<ins>(C) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3.
</ins> <del>(2)(A)</del> At the time of sentencing, the <del>defendant may seek to</del> <ins>court shall</ins> limit public
access to <del>his or her</del> <ins>the defendant's</ins> sentencing information, <del>and the court may, in its
discretion, order</del> <ins>by ordering</ins> that:
<ins>(i)(A)</ins> The defendant's records shall be restricted in accordance with Code Section
35-3-37 <ins>and subsection (j) of this Code section;
(ii)(B)</ins> The criminal file, docket books, criminal minutes, final record, all other records
of the court, and the defendant's criminal history record information in the custody of
the clerk of court, including within any index, be sealed and unavailable to the public,
<ins>except as provided in subsection (j) of this Code section;</ins> and
<del>(iii)(C)</del> The defendant's criminal history record information of arrest, including any
fingerprints or photographs taken in conjunction with such arrest, be restricted by law
enforcement agencies, jails, or detention centers, <ins>except as provided by subsection (j)
of this Code section.
</ins> <del>(B) When considering the defendant's request under this paragraph, the court shall
weigh the public's interest in the defendant's criminal history record information being
publicly available and the harm to the defendant's privacy and issue written findings of
fact thereupon.
(C) The court shall specify the date that such prohibited dissemination, sealing, and
restrictions will take effect.
</del> <ins>(e) A person who was sentenced pursuant to this chapter prior to July 1, 2026, and who has
not had his or her sentence revoked or adjudicated guilty may petition the court that
ordered such sentence for an order to limit public access to his or her criminal history
record information pursuant to subsection (j) of this Code section. Notice of such petition
shall be sent to the clerk of court and the prosecuting attorney by registered or certified
mail or statutory overnight delivery.
(f) Within 90 days of the filing of a petition pursuant to subsection (e) of this Code section,
the court shall order restriction and sealing of the criminal file, docket books, criminal
minutes, final record, all other records of the court, and the defendant's criminal history
record information in the custody of the clerk of court, including within any index, to be
sealed and made unavailable to the public, except as provided in subsection (j) of this Code
section.
(g)(1) Within 60 days of the filing of the court's order under subsection (f) of this Code
section, the clerk of court shall cause every document in connection with such
individual's case, physical or electronic, in its custody, possession, or control to be sealed
to the public except as provided in subsection (j) of this Code section.
</ins>
<ins>(2) Upon sealing, the clerk of court shall display on the file in bold print on the cover of
the file a notice to all court personnel that such file is sealed from the public view and
dissemination of the contents of such file to anyone other than those authorized by this
Code section is prohibited. Such notice shall be sealed from public view and only
available to the parties listed in subsection (j) of this Code section who shall maintain
access to the record.
(h) When a court order sealing of court records under subsection (f) of this Code section,
the court shall also order that records maintained by law enforcement agencies, jails, and
detention centers be restricted and unavailable to the public. Such entities shall comply
with such order within 30 days of receiving a copy of such order.
(i) If a court of competent jurisdiction revokes a sentence upon a first conditional
discharge for possession of controlled substances and certain nonviolent property crimes
and adjudicates the defendant guilty of the underlying a first conditional discharge for
possession of controlled substances and certain nonviolent property crimes offense while
such defendant is serving such a sentence, restriction and sealing of such court records shall
be removed, and such records may be disseminated by the court, law enforcement agencies,
jails, and detention centers.
(j)(1) The following entities shall be entitled to access the criminal file, docket books,
criminal minutes, final record, and all other records of the court during the period of time
a defendant has been sentenced pursuant to this chapter but has not been exonerated and
discharged without court adjudication of guilt as a matter of law or pursuant to a court
order. No court order or affidavit shall be required for the following entities to access
such records unless otherwise provided:
(A) To criminal justice agencies, as such term is defined in Code Section 35-3-30;
(B) To any prosecuting attorney who shall be authorized to share relevant case
information with the victim of the underlying first offender offense pursuant to the
'Crime Victims' Bill of Rights,' as provided in Code Section 17-17-1;
</ins>
<ins>(C) To any judge or court personnel;
(D) To any public defender;
(E) To a person who is the subject of sealed court files or restricted criminal history
record information;
(F) To the Judicial Qualifications Commission;
(G) To the Department of Community Supervision;
(H) To the State Board of Pardons and Paroles;
(I) Pursuant to any disclosure or consideration of criminal history record information
required by federal or state law, including, but not limited to, those disclosures required
for federally insured financial institutions;
(J) For the purpose of any determination regarding the transfer of a firearm or the
issuance of a license pursuant to Code Section 16-11-129; or
(K) When such records are made available for inspection, copying, and use pursuant
to a court order.
(2) The confidentiality of such information shall be maintained insofar as practical."
</ins> SECTION 2.
Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended by revising subparagraph (a)(1)(B) of Code Section
35-3-34, relating to disclosure and dissemination of criminal records to private persons and
businesses, resulting responsibility and liability of issuing center, and provision of certain
information to the FBI in conjunction with the National Instant Criminal Background Check
System, as follows:
"(B)(i) The center shall not provide records of arrests, charges, or sentences when an
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 <del>and has
been exonerated and discharged without court adjudication of guilt as a matter of law
or pursuant to a court order</del> <ins>or Code Section 15-1-20,</ins> including records relating to
such defendant's bench warrants, failure to appear, and probation for such offense,
except as specifically authorized by Code Section 42-8-63.1 <ins>and Code Section
16-13-2.</ins> <del>The center shall not provide records of arrests, charges, or sentences when
an individual has been sentenced as provided in Code Section 15-1-20, including
records relating to such defendant's bench warrants, failure to appear, and probation
for such offense, except as specifically authorized by Code Section 42-8-63.1.
</del> (ii) During the period of time after a defendant, who has been sentenced pursuant to
Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without
court adjudication of guilt as a matter of law or pursuant to a court order, has
completed active probation supervision through the remainder of such sentence, the
center shall not provide records of arrests, charges, or sentences except as specifically
authorized by Code Section 42-8-63.1 <ins>or Code Section 16-13-2.
</ins> (iii) The center may provide records of arrests, charges, or sentences when an
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has
not been exonerated and discharged without court adjudication of guilt as a matter of
law or pursuant to a court order, <del>as specifically authorized by Code Section 42-8-63.1,
while a defendant is under active probation supervision for such offense, or as
provided in a court order</del> <ins>only for the following purposes:
(I) As specifically authorized by Code Section 16-13-2;
(II) To criminal justice agencies, as such term is defined in Code Section 35-3-30,
for purposes of employment in accordance with procedures established by the
center;
(III) Pursuant to any disclosure or consideration of criminal history record
information required by federal or state law, including, but not limited to, those
disclosures required for federally insured financial institutions; or
(IV) For the purpose of any determination regarding the transfer of a firearm or the
issuance of a license pursuant to Code Section 16-11-129;"
</ins>
SECTION 3.
Said chapter is further amended by revising subparagraph (a)(1)(B) of Code Section 35-3-35,
relating to disclosure and dissemination of records to public agencies and political
subdivisions and responsibility and liability of issuing center, as follows:
"(B)(i) The center shall not provide records of arrests, charges, or sentences when an
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 <del>and has
been exonerated and discharged without court adjudication of guilt as a matter of law
or pursuant to a court order,</del> including records relating to such defendant's bench
warrants, failure to appear, and probation for such offense, except as specifically
authorized by Code Section 42-8-63.1 <ins>and Code Section 16-13-2.</ins> The center shall
not provide records of arrests, charges, or sentences when an individual has been
sentenced as provided in Code Section 15-1-20, including records relating to such
defendant's bench warrants, failure to appear, and probation for such offense, except
as specifically authorized by Code Section 42-8-63.1 <ins>and Code Section 16-13-2.
</ins> (ii) During the period of time after a defendant, who has been sentenced pursuant to
Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without
court adjudication of guilt as a matter of law or pursuant to a court order, has
completed active probation supervision through the remainder of such sentence, the
center shall not provide records of arrests, charges, or sentences except as specifically
authorized by Code Section 42-8-63.1 <ins>or Code Section 16-13-2.
</ins> (iii) The center may provide records of arrests, charges, or sentences when an
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has
not been exonerated and discharged without court adjudication of guilt as a matter of
law or pursuant to a court order, <del>as specifically authorized by Code Section 42-8-63.1,
while a defendant is under active probation supervision for such offense, or as
provided in a court order</del> <ins>only for the following purposes:
(I) As specifically authorized by Code Section 16-13-2;
</ins>
<ins>(II) To criminal justice agencies, as such term is defined in Code Section 35-3-30,
for purposes of employment in accordance with procedures established by the
center;
(III) Pursuant to any disclosure or consideration of criminal history record
information required by federal or state law, including, but not limited to, those
disclosures required for federally insured financial institutions; or
(IV) For the purpose of any determination regarding the transfer of a firearm or the
issuance of a license pursuant to Code Section 16-11-129;"
</ins> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.