HB1223: HB1223 Local government; provide exemption from disclosing audio and video recordings captured by law enforcement when such recordings depict a person's death

26 LC 49 2761S The House Committee on Judiciary offers the following substitute to HB 1223: A BILL TO BE ENTITLED AN ACT To amend Code Section 50-18-72, relating to when public disclosure not required, so as to1 provide for an exemption from disclosing audio and video recordings when such recordings2 depict a person's death; to provide for exceptions; to provide for related matters; to provide3 for an effective date; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 50-18-72, relating to when public disclosure not r equired, is amended in7 subsection (a) by striking "or" at the end of paragraph (51), b y replacing the period with8 "; or" at the end of paragraph (52), and by adding a new paragraph to read as follows:9 "(53)(A) Audio or video recordings from devices used by any state or local government10 agency that include audio, video, or images of a deceased perso n, or otherwise show11 a person's death or show a person in distress immediately preceding his or her death;12 provided, however, that this subsection shall not prohibit disclosure of such material to13 the deceased person's next of kin or to an individual who has secured a written release14 from the deceased person's next of kin. It shall be the responsibility of the individual15 claiming to be the deceased person's next of kin to show proof of his or her familiar16 H. B. 1223 (SUB) - 1 - 26 LC 49 2761S relationship with the deceased person. For purposes of this pa ragraph, the deceased17 person's next of kin shall be:18 (i) If living, the spouse of the deceased person;19 (ii) If there is no living spouse of the deceased person, an adult child of the deceased20 person; or21 (iii) If there is no living spouse or adult child of the deceased person, a parent of the22 deceased person.23 (B) Subject to the provisions of s ubparagraph (C) of this paragraph, in the case of24 closed criminal investigations, a superior court may order the disclosure of audio or25 video recordings provided in subparagraph (A) of this paragraph upon findings in26 writing that disclosure is in the public interest and outweighs any privacy interest that27 may be asserted by the deceased person's next of kin. In making such determination,28 the court shall consider whether such disclosure is necessary for public evaluation of29 governmental performance, the seriousness of the intrusion into the family's right to30 privacy, and whether such disclosure is the least intrusive means available considering31 the availability of similar information in other public records. In any such action, the32 court shall review the recordings in question in camera with th e custodian of crime33 scene materials present, if any, and may condition any disclosu re on such conditions34 as the court may deem necessary to accommodate the interests of the parties.35 (C) Prior to releasing any audio or video recordings provided in subparagraph (A) of36 this paragraph, the custodian of such recordings shall give the deceased person's next37 of kin at least two weeks' notice. No court shall order a disc losure pursuant to38 subparagraph (B) of this paragraph which would disregard or sho rten the duration of39 such notice requirement.40 (D) The provisions of this paragraph shall apply to all undisclosed material which is41 in the custody of a state or local government agency on May 13, 2026, and to any such42 H. B. 1223 (SUB) - 2 - 26 LC 49 2761S material which comes into the custody of a state or local government agency after such43 date.44 (E) This paragraph shall not apply to disclosure of crime scen e material to counsel45 representing a convicted defendant in a habeas corpus action pursuant to Chapter 14 of46 Title 9, on an extraordinary motion for new trial under Code Section 5-5-40 or 5-5-41,47 or in a federal habeas corpus action under Section 2254 or 2255 of Title 28 of the48 United States Code for the purpose of preparing to file or litigating such proceedings. 49 Counsel may disclose such materials to his or her client and any expert or investigator50 assisting such counsel but shall not otherwise disseminate such materials, except to the51 extent they may be necessary exhibits in court proceedings. A request pursuant to this52 paragraph shall clearly state that such request is being made f or the purpose of53 preparing to file and litigate proceedings enumerated in this subparagraph."54 SECTION 2.55 This Act shall become effective upon its approval by the Governor or upon its becoming law56 without such approval.57 SECTION 3.58 All laws and parts of laws in conflict with this Act are repealed.59 H. B. 1223 (SUB) - 3 -