--- title: HB 354. Evidence; exclude certain communications made between attorney and client when client is in a penal institution collection: bills id: 2025-2026/hb354 cite_as: HB 354, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb354 md_url: https://georgiacommons.org/bills/2025-2026/hb354.md text_url: https://georgiacommons.org/bills/2025-2026/hb354/text source_url: https://www.legis.ga.gov/legislation/70116 date: 2025-02-12 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. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb353.md next: https://georgiacommons.org/bills/2025-2026/hb355.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 129 omitted_url: https://georgiacommons.org/bills/2025-2026/hb354.md?full=1 bill_number: HB 354 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-02-10 last_action: House Second Readers sponsors: - Esther Panitch - Tyler Smith - Stacey Evans - Soo Hong - Shea Roberts text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/HB354/2025 upstream_id: 1964616 summaries_model: claude-sonnet-5 topic_tags: - attorney-client privilege - criminal justice - jail phone calls - evidence law - incarceration --- # HB 354. Evidence; exclude certain communications made between attorney and client when client is in a penal institution ## Text House Bill 354 By: Representatives Panitch of the 51st, Smith of the 18th, Evans of the 57th, Hong of the 103rd, and Roberts of the 52nd A BILL TO BE ENTITLED AN ACT To amend Code Section 24-5-501 of the Official Code of Georgia Annotated, relating to certain communications privileged, so as to exclude from evidence certain communications made between attorney and client when the client is in a penal institution; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 24-5-501 of the Official Code of Georgia Annotated, relating to certain communications privileged, is amended by revising paragraph (2) of subsection (a) as follows: "(2) Communications between attorney and client;, including any telephonic or electronic communications made with such client when he or she is held in a penal institution as defined by Code Section 16-10-56." SECTION 2. 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. A Georgia House bill would make clear that phone calls and electronic messages between an attorney and a client held in jail or prison are protected by attorney-client privilege, just like in-person conversations. ### Plain-language summary Georgia law already protects communications between attorneys and their clients from being used as evidence in court, under the state's attorney-client privilege rule (O.C.G.A. § 24-5-501). This bill adds language clarifying that the privilege also covers telephonic or electronic communications, such as phone calls or messages, when the client is being held in a penal institution, meaning a jail, prison, or other correctional facility as defined elsewhere in Georgia law (O.C.G.A. § 16-10-56). The change updates one paragraph of the existing privilege statute to specifically name these remote forms of communication. The bill does not create a new privilege; it extends the existing attorney-client protection to cover calls and electronic messages made while a client is incarcerated, which historically has been an area where privilege questions could arise because such communications often occur over jail phone systems or messaging platforms. ### What it does - Amends Georgia's attorney-client privilege law (O.C.G.A. § 24-5-501) to explicitly cover phone calls and electronic communications with an incarcerated client. - Ties the definition of a covered facility to the existing definition of a penal institution found in Georgia's criminal code (O.C.G.A. § 16-10-56). - Repeals any existing state laws that conflict with this change. ### Who it affects People held in Georgia jails, prisons, or other penal institutions and their defense attorneys, as well as prosecutors and courts that handle disputes over whether jailhouse phone calls or electronic messages can be used as evidence. ### Why it matters Incarcerated people often can only reach their lawyers by phone or electronic messaging systems run by the jail or prison. Clarifying that these communications are privileged could affect whether prosecutors can use recordings of attorney-client calls or messages as evidence in criminal cases. ### Key provisions - Section 1 revises paragraph (a)(2) of O.C.G.A. § 24-5-501 to add telephonic and electronic communications with a client held in a penal institution to the list of privileged attorney-client communications. - Section 1 cross-references O.C.G.A. § 16-10-56 for the definition of a penal institution. - Section 2 repeals any conflicting state laws. ## Status - Status: Introduced (2025-02-10) - Last action: House Second Readers (2025-02-12) - Sponsors: Esther Panitch, Tyler Smith, Stacey Evans, Soo Hong, Shea Roberts - Official page: https://www.legis.ga.gov/legislation/70116 > The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb354.md?full=1