| 6 | 19 | | disclosure of arrest booking photographs prohibited, so as to prohibit the release or posting2 |
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| 7 | 20 | | of a booking photograph unless and until the individual depicted therein is convicted; to3 |
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| 8 | 21 | | provide for booking photograph removal; to provide for penalties; to provide for a civil cause4 |
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| 9 | 22 | | of action; to provide for limitations; to provide for related matters; to repeal conflicting laws;5 |
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| 10 | 23 | | and for other purposes.6 |
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| 11 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 12 | 25 | | SECTION 1.8 |
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| 13 | 26 | | Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to disclosure of9 |
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| 14 | 27 | | arrest booking photographs prohibited, is amended by revising subsections (b) and (c) and10 |
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| 23 | 37 | | and until the individual depicted in such booking photograph is convicted of the offense17 |
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| 24 | 38 | | for which such booking photograph was taken.18 |
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| 25 | 39 | | (c) An arresting law enforcement agency shall not provide or make available a copy of a19 |
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| 26 | 40 | | booking photograph in any format to a person requesting such photograph if: unless and20 |
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| 27 | 41 | | until the individual depicted in such booking photograph has been convicted of the offense21 |
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| 28 | 42 | | for which such booking photograph was taken.22 |
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| 29 | 43 | | (1) Such booking photograph may be placed in a publication or posted to a website or23 |
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| 30 | 44 | | transferred to a person to be placed in a publication or posted to a website; and24 |
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| 31 | 45 | | (2) Removal or deletion of such booking photograph from such publication or website25 |
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| 32 | 46 | | requires the payment of a fee or other consideration."26 |
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| 33 | 47 | | "(e)(1) No person or entity engaged in the business of publishing or otherwise27 |
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| 34 | 48 | | disseminating through a publicly accessible print or electronic medium booking28 |
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| 35 | 49 | | photographs of individuals who have been arrested shall solicit or accept a fee or other29 |
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| 36 | 50 | | form of payment to remove such booking photographs from such publicly accessible print30 |
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| 37 | 51 | | or electronic medium.31 |
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| 38 | 52 | | (2) An individual whose booking photograph is published or otherwise disseminated32 |
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| 39 | 53 | | through a publicly accessible print or electronic medium, or his or her legal33 |
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| 40 | 54 | | representative, may make a request, in writing, for the removal of such booking34 |
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| 41 | 55 | | photograph to the registered agent of the person or entity that published or otherwise35 |
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| 42 | 56 | | disseminated such booking photograph.36 |
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| 43 | 57 | | (3) The written request for removal of a booking photograph shall be sent by registered37 |
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| 44 | 58 | | mail and include sufficient proof of identification of the individual in such booking38 |
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| 45 | 59 | | photograph and specific information identifying such booking photograph. Within ten39 |
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| 46 | 60 | | calendar days after receipt of the written request for removal of a booking photograph,40 |
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| 47 | 61 | | the person or entity that published or otherwise disseminated such booking photograph41 |
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| 48 | 62 | | shall remove the booking photograph without charge and shall not publish or otherwise42 |
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| 49 | 63 | | disseminate such booking photograph again.43 |
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| 52 | 66 | | (f)(1) An individual whose booking photograph is published or otherwise disseminated44 |
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| 53 | 67 | | through a publicly accessible print or electronic medium may bring a civil action to45 |
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| 54 | 68 | | enjoin the continued publication or dissemination of his or her booking photograph if the46 |
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| 55 | 69 | | booking photograph is not removed within ten calendar days after receipt of a written47 |
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| 56 | 70 | | request for removal. The court shall impose a civil penalty of $1,000.00 per day for48 |
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| 57 | 71 | | noncompliance with such injunction and shall award reasonable attorney's fees and court49 |
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| 58 | 72 | | costs related to the issuance and enforcement of the injunction. Moneys recovered for50 |
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| 59 | 73 | | civil penalties under this paragraph shall be deposited into the general fund of the state51 |
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| 60 | 74 | | treasury.52 |
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| 61 | 75 | | (2) If a person or an entity required to remove a booking photograph under this Code53 |
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| 62 | 76 | | section later publishes or otherwise disseminates such booking photograph again, the54 |
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| 63 | 77 | | individual depicted in such booking photograph may bring a civil action to enjoin the55 |
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| 64 | 78 | | continued publication or dissemination of such booking photograph. The court shall56 |
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| 65 | 79 | | impose a civil penalty of $5,000.00 per day for noncompliance with such injunction and57 |
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| 66 | 80 | | shall award reasonable attorney's fees and court costs related to the issuance and58 |
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| 67 | 81 | | enforcement of the injunction. Moneys recovered for civil penalties under this paragraph59 |
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| 68 | 82 | | shall be deposited into the general fund of the state treasury.60 |
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| 69 | 83 | | (g) This Code section shall not apply to any person or entity that publishes or disseminates61 |
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| 70 | 84 | | booking photographs unless:62 |
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| 71 | 85 | | (1) The person or entity solicits or accepts a fee or other form of payment to remove the63 |
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| 72 | 86 | | booking photographs; or64 |
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| 73 | 87 | | (2) The person or entity's primary business model is the publishing and disseminating65 |
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