25 LC 48 1353
House Bill 10
By: Representatives Schofield of the 63
rd
, Davis of the 87
th
, Scott of the 76
th
, and Jackson of
the 68
th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to the
1
prohibition of disclosure of arrest booking photographs, so as to strengthen protections for2
individuals who have not been convicted of crimes; to provide for a short title; to provide for3
a definition; to provide for removal procedures for remove-for-pay publications and4
websites; to provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
This Act shall be known and may be cited as the "Georgia Booking Photo Privacy Protection8
Act."9
SECTION 2.10
Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to the prohibition11
of disclosure of arrest booking photographs, is amended as follows:12
"35-1-19.13
(a) As used in this Code section, the term:
14
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(1) 'Booking photograph' 'booking photograph' means a photograph or image of an15
individual taken by an arresting law enforcement agency for the purpose of identification16
or taken when such individual was processed into a jail.17
(2) 'Remove-for-pay publication or website' means any publication or public website that18
charges a fee or requires other valuable consideration for the removal, deletion, or19
alteration of booking photographs, or that uses such photographs for profit or20
advertisement revenue.21
(b) Except as provided in Code Section 50-18-77 and booking photographs required for22
publication as set forth in Titles 16 and 40, for the State Sexual Offender Registry state23
sexual offender registry, and for use by law enforcement agencies for administrative24
purposes, an arresting law enforcement agency or agent thereof shall not post booking25
photographs to or on a website no arresting law enforcement agency or its agents shall post26
booking photographs to public websites.27
(c) An arresting law enforcement agency shall not provide or make available a copy of a28
booking photograph in any format to a person or entity requesting such photograph if:29
(1) Such booking photograph may be placed in a remove-for-pay publication or posted30
to a website; or transferred to a person to be placed in a publication or posted to a31
website; and32
(2) Removal or deletion of such booking photograph from such remove-for-pay33
publication or website requires the payment of a fee or other consideration.; or34
(3) The individual depicted in the photograph has not been convicted of the crimes for35
which he or she was arrested.36
(d) Remove-for-pay publications or websites shall be required to:37
(1) Remove booking photographs without charge if the individual submits evidence of38
any of the following:39
(A) Acquittal of the criminal charge;40
(B) Non-prosecution of the charge; or41
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(C) Expungement, vacatur, or pardon of the criminal record; and42
(2) Complete such removal within seven calendar days of receiving the request and43
accompanying documentation.44
(e) Any individual who When a person requests a booking photograph, he or she shall45
submit a statement affirming that the use of such photograph is in compliance with46
subsection (c) of this Code section. Any person who knowingly makes a false statement47
in requesting a booking photograph shall be guilty of a violation of Code Section 16-10-20.48
(f) Notwithstanding the provisions of subsections (b) and (c) of this Code section, a law49
enforcement agency shall provide a copy of a booking photograph to the individual50
depicted in the photograph or his or her legal counsel upon request."51
SECTION 3.52
This Act shall become effective upon its approval by the Governor or upon its becoming law53
without such approval.54
SECTION 4.55
All laws and parts of laws in conflict with this Act are repealed.56
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