Senate Bill 563
By: Senators Mangham of the 55th, Wicks of the 34th, Kemp of the 38th and Jones II of the
22nd
A BILL TO BE ENTITLED
AN ACT
To amend Article 9 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,
relating to access to hearing and records relative to the juvenile code, so as to provide for the
automatic sealing of files and records in certain circumstances; to provide for exceptions; to
provide a short title; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Juvenile Second Chance Record
Confidentiality Act."
SECTION 2.
Article 9 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to
access to hearing and records relative to juvenile code, is amended by revising Code Section
15-11-701, relating to sealing of files and records, hearings, limitations on disclosure, and
identity of victim, as follows:
"15-11-701.
(a) Upon dismissal of a petition or complaint alleging delinquency or that a child is a child
in need of services or completion of the process in a case handled through informal
adjustment, mediation, or other nonadjudicatory procedure, the court shall order the sealing
of the files and records in the case.
(b) <del>On application</del> <ins>Upon the completion of all court ordered sentencing requirements, or
upon reaching 18 years of age, whichever is later,</ins> <del>of</del> a person who has been adjudicated for
committing a delinquent act or as a child in need of services or on the court's own motion,
<del>and after a hearing,</del> the court shall order the sealing of the files and records in the
proceeding <ins>unless such person was adjudicated for a serious violent felony as defined in
Code Section 17-10-6.1.</ins> <del>if the court finds that:
(1) Two years have elapsed since the final discharge of the person;
(2) Since the final discharge of the person he or she has not been convicted of a felony
or of a misdemeanor involving moral turpitude or adjudicated for committing a
delinquent act or as a child in need of services and no proceeding seeking conviction or
adjudication is pending against the person; and
(3) The person has been rehabilitated.
(c) On application of a person who has been adjudicated for a delinquent act or on the
court's own motion, and after a hearing, the court shall order the sealing of the files and
records in the proceeding, including those specified in Code Sections 15-11-702 and
15-11-708, if the court finds that the child was adjudicated for a delinquent act for a sexual
crime as defined in Code Section 16-3-6 and such crime resulted from the child being:
(1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or
(2) A victim of sexual exploitation as defined in Code Section 49-5-40.
(d) Reasonable notice of the hearing required by subsection (b) and (c) of this Code
section shall be given to:
(1) The prosecuting attorney;
</del>
<del>(2) DJJ, when appropriate;
(3) The authority granting the discharge if the final discharge was from an institution or
from parole; and
(4) The law enforcement officers or department having custody of the files and records
if the files and records specified in Code Sections 15-11-702 and 15-11-708 are included
in the application or motion.
(e)(c)</del> Upon the entry of the order the proceeding shall be treated as if it had never
occurred. All index references shall be deleted and the person, the court, the law
enforcement officers, and the departments shall properly reply that no record exists
pertaining to the person upon inquiry in any matter. Copies of the order shall be sent to
each agency or designated official and shall also be sent to the deputy director of the
Georgia Crime Information Center of the Georgia Bureau of Investigation. Inspection of
the sealed files and records thereafter may be permitted by an order of the court upon
petition by the person who is the subject of the records and otherwise only by those persons
named in the order or to criminal justice officials upon petition to the court for official
judicial enforcement or criminal justice purposes.
<ins>(f)(d)</ins> The court may seal any record containing information identifying a victim of an act
which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.