HB1243: HB1243 Criminal Justice Researcher Access to Data Act; enact

26 LC 59 0198 House Bill 1243 By: Representatives Holcomb of the 101st, Jones of the 25th, Barrett of the 24th, and Miller of the 62nd A BILL TO BE ENTITLED AN ACT To amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state1 printing and documents, so as to provide bona fide researchers with legal means to access2 criminal justice data and records; to provide for legislative f indings and declarations; to3 provide for definitions; to require that the Attorney General p rovide guidance to criminal4 justice agencies in the sharing of criminal justice data, records, and information with bona5 fide researchers; to provide for a short title; to provide for related matters; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as the "Criminal Justice Researcher Access to Data10 Act."11 SECTION 2.12 Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing13 and documents, is amended by adding a new article to read as follows:14 H. B. 1243 - 1 - 26 LC 59 0198 "ARTICLE 1015 50-18-170.16 The General Assembly finds and declares that criminal justice policies and programs that17 are evidence based and supported by relevant research result in superior outcomes. State18 and local agencies record and retain a wide variety of criminal justice data and records,19 including, but not limited to, sensitive information otherwise shielded from public20 disclosure. If provided access to such data and records:21 (1) Bona fide researchers could conduct valuable research into criminal justice programs,22 practices, and outcomes, which would benefit public safety and serve the public interest;23 (2) Bona fide researchers could institute security protocols t o protect and safeguard24 sensitive information, allowing them to safely access relevant criminal justice data and25 records that may not be suitable for broader public disclosure; and26 (3) Providing bona fide researchers with access to relevant cr iminal justice data and27 records will facilitate and promote criminal justice research, frequently at little to no cost28 to taxpayers.29 50-18-171.30 As used in this article, the term:31 (1) 'Bona fide researcher' means any individual or organization that:32 (A) Utilizes gathered personally identifiable information for research and statistical33 activities; does not transfer, reveal, or use such information for purposes other than for34 such research and activities; and does not identify specific in dividuals in reports or35 publications derived from such information and activities;36 (B) Certifies that such individual or organization has secured approval from the37 relevant institutional review board for the research or statist ical activity forming the38 basis for the criminal justice data access request; and39 H. B. 1243 - 2 - 26 LC 59 0198 (C) If requesting access to any confidential, personally ident ifiable information,40 certifies that they have security protocols in place to prevent unauthorized access to41 such information, and that such protocols meet the standards p romulgated by the42 relevant institutional review board.43 (2) 'Criminal justice agency' means any court of competent jur isdiction and any local,44 county, or state agency that performs any activity directly rel ating to the detection or45 investigation of crime; the apprehension, pretrial release, posttrial release, prosecution,46 correctional supervision, rehabilitation, evaluation, or treatment of accused individual or47 criminal offenders; or criminal identification activities or th e collection, storage, or48 dissemination of arrest and criminal records information.49 (3) 'Criminal justice data' shall mean all data collected, created, received, maintained, or50 disseminated by any criminal justice agency regardless of its p hysical form, storage51 media, or conditions of use.52 (4) 'Institutional review board' means any board, committee, or other group that reviews,53 approves initiation of, and conducts periodic review of research, and which has received54 accreditation for this purpose or is part of an accredited institution of higher learning.55 (5) 'Records' means any information kept, held, filed, produced or reproduced by, with,56 or for a criminal justice agency, in any physical or digital form including, but not limited57 to, reports, statements, examinations, memoranda, opinions, fol ders, files, books,58 manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms,59 computer tapes or discs, rules, regulations, or codes.60 50-8-172.61 (a) All requests to inspect or copy criminal justice data, records, and information under this62 article shall be made upon a custodian, as such term is set forth in Code Section 50-18-70.63 (b) Upon receiving a request from a bona fide researcher to in spect or copy criminal64 justice data, records, and information under this article, a custodian shall share such data,65 H. B. 1243 - 3 - 26 LC 59 0198 records, and information, including relevant personally identif ying information and66 demographic information, held by such custodian relating to any:67 (1) Law enforcement stop, search, or seizure;68 (2) Warrant, arrest, or citation;69 (3) Participation in a pre-arrest or post-arrest diversion, sp ecialty court, or other70 alternative resolution program;71 (4) Criminal charge, disposition, or sentence;72 (5) Pretrial or posttrial release from custody, or any terms or conditions of release;73 (6) Grant, order, change in the terms of, or termination of pr etrial supervised release,74 probation, parole, or participation in correctional or rehabilitative programs; or75 (7) Formal discipline, reclassification, or relocation of any person under criminal76 sentence or correctional control.77 (c) Upon request from a bona fide researcher, a custodian shall share all criminal justice78 data, records, and information, including relevant personally identifying information and79 demographic information, held by such custodian that is subject to mandatory or80 discretionary disclosure to any member of the public under Code Section 50-18-71.81 (d) In addition to the provisions of subsection (c) of this Co de section, a custodian may82 share with a bona fide researcher any other criminal justice data, records, or information,83 including relevant personally identifying information and demographic information, held84 by such custodian that is responsive to a bona fide researcher's request.85 (e) A release of criminal justice data, records, or information under this Code section is not86 considered a release of data, records, or information to the public for the purposes of Code87 Section 50-18-71 and does not waive the right to assert in the future that such data, records,88 or information are exempted from disclosure under Code Section 50-18-71.89 H. B. 1243 - 4 - 26 LC 59 0198 50-18-173.90 (a) No later than January 1, 2027, the Attorney General shall issue guidance to assist91 criminal justice agencies in complying with this article, including a process for identifying92 bona fide researchers and for sharing criminal justice data, records, and information with93 such researchers.94 (b) A criminal justice agency may assess reasonable fees, not to exceed actual costs, for95 the search, retrieval, and copying of criminal justice data, records, or information requested96 pursuant to this article and may waive fees at its discretion."97 SECTION 3.98 All laws and parts of laws in conflict with this Act are repealed.99 H. B. 1243 - 5 -