---
title: SB 48. Disclosure and Dissemination of Criminal Records; a judicial procedure for purging a person's involuntary hospitalization information; provide
collection: bills
id: 2025-2026/sb48
cite_as: SB 48, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb48
md_url: https://georgiacommons.org/bills/2025-2026/sb48.md
text_url: https://georgiacommons.org/bills/2025-2026/sb48/text
source_url: https://www.legis.ga.gov/legislation/69602
date: 2025-01-29
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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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb48.md?full=1
bill_number: SB 48
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-01-28
last_action: Senate Read and Referred
sponsors:
  - Elena Parent
  - Harold Jones
  - Kim Jackson
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB48/2025
upstream_id: 1945164
summaries_model: claude-sonnet-5
topic_tags:
  - gun background checks
  - mental health records
  - involuntary hospitalization
  - court petitions
  - gun rights restoration
---

# SB 48. Disclosure and Dissemination of Criminal Records; a judicial procedure for purging a person's involuntary hospitalization information; provide

## Text

Senate Bill 48
By: Senators Parent of the 44th, Jones II of the 22nd and Jackson of the 41st
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to
disclosure and dissemination of criminal records to private persons and businesses, resulting
responsibility and liability of the issuing center, and provision of certain information to the
FBI in conjunction with the National Instant Criminal Background Check System, so as to
provide for a judicial procedure for purging a person's involuntary hospitalization
information received by the center for the purpose of the National Instant Criminal
Background Check System under certain circumstances; to change provisions relating to the
retention of a person's involuntary hospitalization information; 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 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and
dissemination of criminal records to private persons and businesses, resulting responsibility
and liability of the issuing center, and provision of certain information to the FBI in
conjunction with the National Instant Criminal Background Check System, is amended by
revising paragraph (2) of subsection (e) as follows:
"(2)(A) The records of the <del>Georgia Crime Information Center</del> <ins>center</ins> shall include
information as to whether a person has been involuntarily hospitalized.
Notwithstanding any other provisions of law and in order to carry out the provisions of
this Code section and Code Section 16-11-172, the <del>Georgia Crime Information Center
</del> <ins>center</ins> shall be provided such information and no other mental health information from
the involuntary hospitalization records of the probate courts concerning persons
involuntarily hospitalized after March 22, 1995, in a manner agreed upon by <del>the
Probate Judges Training Council and the Georgia Bureau of Investigation</del> <ins>The Council
of Probate Court Judges of Georgia and the bureau</ins> to preserve the confidentiality of
patients' rights in all other respects. Further, notwithstanding any other provisions of
law and in order to carry out the provisions of this Code section and Code Section
16-11-172, the center shall be provided information as to whether a person has been
adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the
time of the crime, has been involuntarily hospitalized, or both, from the records of the
clerks of the superior courts concerning persons involuntarily hospitalized after March
22, 1995, in a manner agreed upon by The Council of Superior Court Clerks of Georgia
and the <del>Georgia Bureau of Investigation</del> <ins>bureau</ins> to preserve the confidentiality of
patients' rights in all other respects. <del>After five years have elapsed from the date that a
person's involuntary hospitalization information has been received by the Georgia
Crime Information Center, the center shall purge its records of such information as soon
as practicable and in any event purge such records within 30 days after the expiration
of such five-year period.
</del> <ins>(B) When a person's mental health information has been submitted pursuant to
subparagraph (A) of this paragraph, such person may petition the court in which such
hospitalization proceedings occurred for relief. A copy of such petition for relief shall
be served upon the opposing civil party or the prosecuting attorney, as the case may be,
or their successors, who appeared in the underlying case. Within 60 days of the receipt
</ins>
<ins>of such petition, such court shall hold a hearing on such petition; provided, however,
that such time period may be extended for good cause as determined by the court. The
prosecuting attorney may represent the interests of the state at such hearing.
(C) At the hearing provided for under subparagraph (B) of this paragraph, the court
shall receive and consider evidence concerning:
(i) The circumstances which caused the petitioner's hospitalization;
(ii) The petitioner's mental health and criminal history records, if any. The court
shall require the petitioner to sign a waiver authorizing the record custodian of any
hospital where such petitioner received mental health treatment for such
hospitalization or any other facility or outpatient treatment center where he or she
received mental health treatment since such hospitalization to release such records to
the court. The court shall keep such hospitalization and treatment records confidential
to the extent possible;
(iii) The petitioner's reputation, which shall be established through character witness
statements, testimony, or other character evidence; and
(iv) Changes in the petitioner's condition or circumstances since such hospitalization.
(D)(i) The court shall issue a written order of its decision on such petition filed under
subparagraph (B) of this paragraph no later than 30 days after the hearing.
(ii) The court shall grant such petition if it finds by a preponderance of the evidence
that the petitioner will not likely act in a manner dangerous to himself or herself or
public safety and that granting the relief is otherwise consistent with the standards for
the issuance of a weapons carry license as provided for in subsection (b.1) of Code
Section 16-11-129.
(iii) A record shall be kept of the hearing on a petition for relief. Such record shall
be exempt from disclosure under Article 4 of Chapter 18 of Title 50.
(iv) Any appeal of the court's ruling on such petition shall be as provided for by the
laws governing the appeal of decisions from such court; provided, however, that any
</ins>
<ins>such appeal from a probate court, as defined in Code Section 15-9-120, shall be by
de novo investigation to the superior court, notwithstanding Code Sections 5-3-4 and
5-3-5 and paragraph (2) of subsection (a) of Code Section 5-6-33.
(v) If the court grants such petition, the clerk of court shall report such order to the
center immediately, but in no case later than ten days after the date of such order, and
the center shall purge such record that is the subject of the order as soon as practicable
but not later than 30 days after receipt of such order.
(E) In the case of a person who is involuntarily hospitalized, such person shall not be
entitled to petition for relief prior to being discharged from such hospitalization. A
person's first petition for relief may be filed only after the expiration of 12 months from
the date of such person's discharge from involuntary hospitalization. No petition for
relief may be filed within a period of two years from the date of the final order on a
previous petition for relief.
(F) Information received by a prosecuting attorney pursuant to this paragraph shall not
be used against the petitioner in any other case or context unless such information is
obtained in such other case or context by other rules of evidence or discovery."
</ins> 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 Senate bill would replace the automatic five-year purge of involuntary hospitalization records used for gun background checks with a court petition process that people must use to get their records cleared.

### Plain-language summary

Under current Georgia law, when someone is involuntarily hospitalized for mental health reasons, that information is sent to the Georgia Crime Information Center (GCIC) so it can be checked through the National Instant Criminal Background Check System, the federal system used for gun purchases. Right now, the center automatically purges that hospitalization information five years after receiving it.
Senate Bill 48 removes that automatic five-year purge. Instead, a person whose hospitalization information was submitted would have to petition the court where the hospitalization proceedings happened to get the record cleared. The court would hold a hearing, consider evidence about the person's mental health history, criminal history, reputation, and any changes in their circumstances, and could grant relief if it finds the person is unlikely to be dangerous and meets the standards for a weapons carry license. Petitions can only be filed starting 12 months after discharge, and repeat petitions must wait two years after a denial. If granted, the center must purge the record within 30 days.

### What it does

- Eliminates the current rule requiring the Georgia Crime Information Center to automatically purge involuntary hospitalization records after five years.
- Creates a court petition process allowing a person to ask the court that handled their hospitalization to clear that record from background check systems.
- Requires courts to hold a hearing within 60 days of a petition and consider the person's mental health history, criminal history, reputation, and current circumstances.
- Sets eligibility rules: petitions can only be filed 12 months after discharge, and denied petitioners must wait two years to refile.
- Directs the center to purge a record within 30 days after a court grants relief, and requires clerks to report such orders within 10 days.
- Keeps hearing records on these petitions exempt from disclosure under Georgia's open records law (O.C.G.A. Title 50, Chapter 18, Article 4).

### Who it affects

People who have been involuntarily hospitalized for mental health treatment and want to regain eligibility to legally possess firearms, probate and superior courts that handle these petitions, prosecuting attorneys who may appear at hearings, and the Georgia Crime Information Center and Georgia Bureau of Investigation, which maintain the records.

### Why it matters

People whose hospitalization records are flagged for background checks would no longer have their records cleared automatically after five years. Instead, they would need to go through a court hearing to prove they are not dangerous, which could make clearing a record slower or more difficult for some, while giving courts more individualized oversight over who regains firearm eligibility.

### Key provisions

- Section 1 revises O.C.G.A. § 35-3-34(e)(2) to remove the automatic five-year purge of involuntary hospitalization records held by the Georgia Crime Information Center.
- New subparagraph (B) creates a petition process letting a hospitalized person ask the original court for relief, with notice served on the opposing party or prosecutor and a hearing within 60 days.
- New subparagraph (C) lists what courts must consider: the circumstances of hospitalization, mental health and criminal records, reputation evidence, and changes since hospitalization.
- New subparagraph (D) requires a written decision within 30 days of the hearing, sets the legal standard (preponderance of evidence the person is not dangerous and meets weapons carry license standards), and allows appeal, with probate court appeals going by de novo review to superior court.
- New subparagraph (D)(v) requires the court clerk to notify the center within 10 days of a grant, and the center to purge the record within 30 days.
- New subparagraph (E) bars a first petition until 12 months after discharge and requires a two-year wait between petitions after a denial.
- New subparagraph (F) limits use of information gathered during the petition process, barring it from being used against the petitioner in other cases unless independently obtained.

## Status

- Status: Introduced (2025-01-28)
- Last action: Senate Read and Referred (2025-01-29)
- Sponsors: Elena Parent, Harold Jones, Kim Jackson
- Official page: https://www.legis.ga.gov/legislation/69602

> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb48.md?full=1