SB482: SB482 Law Enforcement Officers and Agencies; persons requesting booking photographs to provide the first and last names of the individuals in the photographs; require

26 LC 63 0180S The House Committee on Public Safety and Homeland Security offe rs the following substitute to SB 482: A BILL TO BE ENTITLED AN ACT To amend Titles 35 and 50 of the Official Code of Georgia Annot ated, relating to law1 enforcement officers and agencies and state government, respect ively, so as to require2 persons requesting booking photographs or law enforcement video s to provide certain3 information to obtain such photographs and videos; to require r equests for booking4 photographs or law enforcement videos to be made in person as separate requests; to provide5 a definition; to provide for the public disclosure of certain records of the General Assembly;6 to provide for an exemption from disclosing audio and video rec ordings when such7 recordings depict a person's death; to provide for exceptions; to authorize redactions; to8 provide for application; to provide for construction; to provide for related matters; to provide9 for an effective date and applicability; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and13 agencies, is amended in Chapter 1, relating to general provisions regarding law enforcement14 officers and agencies, by revising subsection (d) of and adding a new subsection to Code15 S. B. 482 (SUB) - 1 - 26 LC 63 0180S Section 35-1-19, relating to disclosure of arrest booking photographs prohibited, to read as16 follows:17 "(d) When a person requests a booking photograph, he or she sha ll request such18 photograph by identifying the first and last name of the individual depicted and submit a19 notarized statement affirming that the use of such photograph is in comp liance with20 subsection (c) of this Code section. Any person who knowingly makes a false statement21 in requesting a booking photograph shall be guilty of a violation of Code Section 16-10-20.22 (e) Except for requests by the person or persons depicted or r equests by the attorney or23 other designated agent of such person or persons depicted, requ ests for booking24 photographs shall be made in person as separate requests for ea ch booking photograph.25 Requests for booking photographs by the person or persons depic ted or requests by the26 attorney or other designated agent of such person or persons de picted shall be made in27 writing pursuant to Article 4 of Chapter 18 of Title 50.28 (f) This Code section shall not apply to requests for booking photographs made by bona29 fide credentialed members of the Georgia Press Association or the Georgia Association of30 Broadcasters."31 SECTION 2.32 Said title is further amended by adding a new Code section to read as follows:33 "35-1-19.1.34 (a) As used in this Code section, the term 'law enforcement vi deo' means any video35 recording of an individual taken by a law enforcement agency du ring the course of an36 encounter or interaction with such individual, including, but not limited to, recordings from37 body-worn devices or devices located on or inside of law enforcement vehicles.38 (b) When a person requests a law enforcement video, he or she shall request such video39 by identifying the first and last name of an individual depicte d in such video, or the40 approximate date, time, and location of the encounter or interaction that is depicted in such41 S. B. 482 (SUB) - 2 - 26 LC 63 0180S video. Any person who knowingly makes a false statement in req uesting a law42 enforcement video shall be guilty of a violation of Code Section 16-10-20.43 (c) Except for requests by the person or persons depicted or r equests by the attorney or44 other designated agent of such person or persons depicted, requests for law enforcement45 videos shall be made in person as separate requests for each la w enforcement video.46 Requests for law enforcement videos by the person or persons depicted or requests by the47 attorney or other designated agent of such person or persons de picted shall be made in48 writing pursuant to Article 4 of Chapter 18 of Title 50.49 (d) A law enforcement agency may redact a law enforcement video produced under this50 Code section to conceal the identity of the persons depicted in such video; provided,51 however, that images of the individual identified in subsection (b) of this Code section and52 images of law enforcement personnel shall not be redacted.53 (e) Nothing in this Code section shall be construed as requiri ng disclosure of any law54 enforcement video that is otherwise exempt from disclosure under Code Section 50-18-72.55 (f) Except for subsection (d), this Code section shall not app ly to requests for law56 enforcement videos made by bona fide credentialed members of th e Georgia Press57 Association or the Georgia Association of Broadcasters."58 SECTION 3.59 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended60 in subsection (a) of Code Section 50-18-72, relating to when public disclosure not required,61 by striking "or" at the end of paragraph (51), by replacing the period at the end of paragraph62 (52) with "; or" and by adding a new paragraph to read as follows:63 "(53)(A) Audio or video recordings from devices used by any state or local government64 agency that include audio, video, or images of a deceased perso n, or otherwise show65 a person's death or show a person in distress immediately preceding his or her death;66 provided, however, that this subsection shall not prohibit disclosure of such material to67 S. B. 482 (SUB) - 3 - 26 LC 63 0180S the deceased person's next of kin or to an individual who has secured a written release68 from the deceased person's next of kin. It shall be the responsibility of the individual69 claiming to be the deceased person's next of kin to show proof of his or her familial70 relationship with the deceased person. For purposes of this pa ragraph, the deceased71 person's next of kin shall be:72 (i) If living, the spouse of the deceased person;73 (ii) If there is no living spouse of the deceased person, an adult child of the deceased74 person;75 (iii) If there is no living spouse or adult child of the decea sed person, a parent, a76 sibling, or a legal guardian of the deceased person; or77 (iv) A person with a similar familial or legal relationship as demonstrated to a court78 of competent jurisdiction.79 (B) Subject to the provisions of subparagraph (C) of this para graph, in the case of80 closed criminal investigations, a superior court may order the disclosure of audio or81 video recordings provided in subparagraph (A) of this paragraph upon findings in82 writing that disclosure is in the public interest and outweighs any privacy interest that83 may be asserted by the deceased person's next of kin. In making such determination,84 the court shall consider whether such disclosure is necessary for public evaluation of85 governmental performance, the seriousness of the intrusion into the family's right to86 privacy, and whether such disclosure is the least intrusive means available considering87 the availability of similar information in other public records. In any such action, the88 court shall review the recordings in question in camera with th e custodian of crime89 scene materials present, if any, and may condition any disclosu re on such conditions90 as the court may deem necessary to accommodate the interests of the parties.91 (C) Prior to releasing any audio or video recordings provided in subparagraph (A) of92 this paragraph, the custodian of such recordings shall give the deceased person's next93 of kin at least two weeks' notice. No court shall order a disc losure pursuant to94 S. B. 482 (SUB) - 4 - 26 LC 63 0180S subparagraph (B) of this paragraph which would disregard or sho rten the duration of95 such notice requirement.96 (D) The provisions of this paragraph shall apply to all undisclosed material which is97 in the custody of a state or local government agency on May 13, 2026, and to any such98 material which comes into the custody of a state or local government agency after such99 date.100 (E) This paragraph shall not apply to disclosure of crime scen e material to counsel101 representing a convicted defendant in a habeas corpus action pursuant to Chapter 14 of102 Title 9, on an extraordinary motion for new trial under Code Section 5-5-40 or 5-5-41,103 or in a federal habeas corpus action under Section 2254 or 2255 of Title 28 of the104 United States Code for the purpose of preparing to file or litigating such proceedings. 105 Counsel may disclose such materials to his or her client and any expert or investigator106 assisting such counsel but shall not otherwise disseminate such materials, except to the107 extent they may be necessary exhibits in court proceedings. A request pursuant to this108 paragraph shall clearly state that such request is being made f or the purpose of109 preparing to file and litigate proceedings enumerated in this subparagraph.110 (F) This paragraph shall not apply to requests for audio, vide o, or images made by111 bona fide credentialed members of the Georgia Press Association or the Georgia112 Association of Broadcasters."113 SECTION 4.114 This Act shall become effective upon its approval by the Governor or upon its becoming law115 without such approval, and shall apply to any request for a boo king photograph or a law116 enforcement video made on or after such date.117 SECTION 5.118 All laws and parts of laws in conflict with this Act are repealed.119 S. B. 482 (SUB) - 5 -