Senate Bill 97
By: Senator Setzler of the 37th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-11-62 of the Official Code of Georgia Annotated, relating to
eavesdropping, surveillance, or intercepting communication which invades privacy of
another, and divulging private message, so as to provide for limitations regarding the use of
electronic monitoring devices; 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 16-11-62 of the Official Code of Georgia Annotated, relating to eavesdropping,
surveillance, or intercepting communication which invades privacy of another, and divulging
private message, is amended as follows:
"16-11-62.
<ins>(a)</ins> It shall be unlawful for:
(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or
attempt to overhear, transmit, or record the private conversation of another which shall
originate in any private place;
(2) Any person, through the use of any device, without the consent of all persons
observed, to observe, photograph, or record the activities of another which occur in any
private place and out of public view; provided, however, that it shall not be unlawful:
(A) To use any device to observe, photograph, or record the activities of persons
incarcerated in any jail, correctional institution, or other facility in which persons who
are charged with or who have been convicted of the commission of a crime are
incarcerated, provided that such equipment shall not be used while the prisoner is
discussing his or her case with his or her attorney;
(B) For an owner or occupier of real property to use for security purposes, crime
prevention, or crime detection any device to observe, photograph, or record the
activities of persons who are on the property or an approach thereto in areas where there
is no reasonable expectation of privacy;
(C) To use for security purposes, crime prevention, or crime detection any device to
observe, photograph, or record the activities of persons who are within the curtilage of
the residence of the person using such device. A photograph, videotape, or record made
in accordance with this subparagraph, or a copy thereof, may be disclosed by such
resident to the district attorney or a law enforcement officer and shall be admissible in
a judicial proceeding, without the consent of any person observed, photographed, or
recorded; or
(D) For a law enforcement officer or his or her agent to use a device in the lawful
performance of his or her official duties to observe, photograph, videotape, or record
the activities of persons that occur in the presence of such officer or his or her agent;
(3) Any person to go on or about the premises of another or any private place, except as
otherwise provided by law, for the purpose of invading the privacy of others by
eavesdropping upon their conversations or secretly observing their activities;
(4) Any person intentionally and secretly to intercept by the use of any device,
instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or
by any other means of private communication;
(5) Any person to divulge to any unauthorized person or authority the content or
substance of any private message intercepted lawfully in the manner provided for in Code
Section 16-11-65;
(6) Any person to sell, give, or distribute, without legal authority, to any person or entity
any photograph, videotape, or record, or copies thereof, of the activities of another which
occur in any private place and out of public view without the consent of all persons
observed;
(7) Any person, through the use of any device, without the consent of all patients
observed, to knowingly photograph or record the activities of patients which occur in a
facility that is operated by a county board of health created pursuant to Code Section
31-3-1, except that such acts shall not be unlawful as provided in subparagraphs (2)(A)
through (2)(D) of this Code section;
(8) Any person to intentionally and in a clandestine manner place, or direct someone else
to place, a global positioning system monitoring device, or any other electronic
monitoring device, on a motor vehicle owned or leased by another person without the
consent of such person when such person has a protective order pursuant to Code
Section 17-17-16, 19-13-4, or 19-13A-4, or a protective order from another jurisdiction,
against the person who places, or directs another to place, the global positioning system
monitoring device or other electronic device. Nothing in this paragraph shall be
construed to limit electronic monitoring as provided in Code Sections 31-7-12, 31-7-12.1,
and 31-6-2; <del>or
</del> <ins>(9) Any person to intentionally and in a clandestine manner place, or direct someone else
to place, any electronic monitoring device to track the physical location of any person
</ins>
<ins>without the lawful consent of such person; provided, however, that this paragraph shall
not apply:
(A) When the owner, lessor, lessee, or lienholder of a motor vehicle or aircraft has
consented to the use of such device with respect to such motor vehicle or aircraft;
(B) To the actions of United States military personnel in the performance of their
official duties with respect to motor vehicles or aircraft;
(C) To the actions of a parent, legal guardian, or individual in loco parentis with
respect to determining the location or movement of a child or other individual with
whom such parent, legal guardian, or individual in loco parentis has such legal
relationship; provided, however, that such child is under the age of 21 years or is
incapacitated;
(D) To the provision of mobile telephone or data service to the operator of or a
passenger located within a motor vehicle or aircraft, with respect to determining the
location or movement of such operator, passenger, motor vehicle, or aircraft; or
(E) To electronic monitoring devices placed in a motor vehicle or aircraft by the
manufacturer; or
(9)(10)</ins> Any person to commit any other acts of a nature similar to those set out in
paragraphs (1) through <del>(8)</del> <ins>(9)</ins> of this Code section which invade the privacy of another.
<ins>(b) Nothing in this Code section shall apply to an automated license plate recognition
system as defined in Code Section 35-1-22."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.