24 LC 48 1250S
The House Committee on Judiciary Non-Civil offers the following substitute to HB 882:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to1
disclosure of arrest booking photographs prohibited, so as to prohibit the release or posting2
of a booking photograph unless and until the individual depicted therein is convicted; to3
provide for booking photograph removal; to provide for penalties; to provide for a civil cause4
of action; to provide for limitations; to provide for related matters; to repeal conflicting laws;5
and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to disclosure of9
arrest booking photographs prohibited, is amended by revising subsections (b) and (c) and10
adding new subsections to read as follows:11
"(b) Except as provided in Code Section 50-18-77 and booking photographs required for12
publication as set forth in Titles 16 and 40, for the State Sexual Offender Registry state13
sexual offender registry, and for use by law enforcement agencies for administrative14
purposes, an arresting law enforcement agency or agent thereof shall not release to the15
public or post booking photographs to or on a public website a booking photograph unless16
H. B. 882 (SUB)
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and until the individual depicted in such booking photograph is convicted of the offense17
for which such booking photograph was taken.18
(c) An arresting law enforcement agency shall not provide or make available a copy of a19
booking photograph in any format to a person requesting such photograph if: unless and20
until the individual depicted in such booking photograph has been convicted of the offense21
for which such booking photograph was taken.22
(1) Such booking photograph may be placed in a publication or posted to a website or23
transferred to a person to be placed in a publication or posted to a website; and24
(2) Removal or deletion of such booking photograph from such publication or website25
requires the payment of a fee or other consideration."26
"(e)(1) No person or entity engaged in the business of publishing or otherwise27
disseminating through a publicly accessible print or electronic medium booking28
photographs of individuals who have been arrested shall solicit or accept a fee or other29
form of payment to remove such booking photographs from such publicly accessible print30
or electronic medium.31
(2) An individual whose booking photograph is published or otherwise disseminated32
through a publicly accessible print or electronic medium, or his or her legal33
representative, may make a request, in writing, for the removal of such booking34
photograph to the registered agent of the person or entity that published or otherwise35
disseminated such booking photograph.36
(3) The written request for removal of a booking photograph shall be sent by registered37
mail and include sufficient proof of identification of the individual in such booking38
photograph and specific information identifying such booking photograph. Within ten39
calendar days after receipt of the written request for removal of a booking photograph,40
the person or entity that published or otherwise disseminated such booking photograph41
shall remove the booking photograph without charge and shall not publish or otherwise42
disseminate such booking photograph again.43
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(f)(1) An individual whose booking photograph is published or otherwise disseminated44
through a publicly accessible print or electronic medium may bring a civil action to45
enjoin the continued publication or dissemination of his or her booking photograph if the46
booking photograph is not removed within ten calendar days after receipt of a written47
request for removal. The court shall impose a civil penalty of $1,000.00 per day for48
noncompliance with such injunction and shall award reasonable attorney's fees and court49
costs related to the issuance and enforcement of the injunction. Moneys recovered for50
civil penalties under this paragraph shall be deposited into the general fund of the state51
treasury.52
(2) If a person or an entity required to remove a booking photograph under this Code53
section later publishes or otherwise disseminates such booking photograph again, the54
individual depicted in such booking photograph may bring a civil action to enjoin the55
continued publication or dissemination of such booking photograph. The court shall56
impose a civil penalty of $5,000.00 per day for noncompliance with such injunction and57
shall award reasonable attorney's fees and court costs related to the issuance and58
enforcement of the injunction. Moneys recovered for civil penalties under this paragraph59
shall be deposited into the general fund of the state treasury.60
(g) This Code section shall not apply to any person or entity that publishes or disseminates61
booking photographs unless:62
(1) The person or entity solicits or accepts a fee or other form of payment to remove the63
booking photographs; or64
(2) The person or entity's primary business model is the publishing and disseminating65
of booking photographs for a commercial purpose or pecuniary gain.66
(h) This Code section shall not apply where in the interest of public safety a law67
enforcement agency releases a 'be on the lookout' notice of an individual suspected of68
criminal activity or during exigent circumstances of a law enforcement investigation."69
H. B. 882 (SUB)
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SECTION 2.70
All laws and parts of laws in conflict with this Act are repealed.71
H. B. 882 (SUB)
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