25 LC 48 1578S
The House Committee on Judiciary, Non-Civil offers the following substitute to HB 10:
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) through (d)10
and 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, for representatives of a news media organization as provided in14
paragraphs (1) and (2) of subsection (c) of this Code section, and for use by law15
enforcement agencies for administrative purposes, an arresting law enforcement agency or16
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agent thereof shall not release to the public or post booking photographs to or on a public17
website a booking photograph unless and until the individual depicted in such booking18
photograph is convicted of the offense for which such booking photograph was taken.19
(c)(1) An arresting law enforcement agency shall not provide or make available a copy20
of a booking photograph in any format to a person requesting such photograph if: provide21
or make available a copy of a booking photograph in any format to a person requesting22
such photograph for a news media organization if such person is gathering information,23
is making the request as a representative of that news media organization, and complies24
with the requirements of paragraph (2) of this subsection.25
(2) When a person is making a request, pursuant to paragraph (1) of this subsection, as26
a representative of a news media organization, such representative shall submit a27
statement affirming that the use of the booking photograph shall be in compliance with28
this Code section; that such news media organization's primary business model is not the29
publishing and disseminating of booking photographs for a commercial purpose or30
pecuniary gain; and that such news media organization does not solicit or accept a fee or31
other form of payment to remove a booking photograph. Such statement shall also32
disclose the legal name and any and all trade names of that news media organization. 33
Any person who knowingly makes a false statement in requesting such booking34
photograph shall be guilty of a violation of Code Section 16-10-20.35
(1) Such booking photograph may be placed in a publication or posted to a website or36
transferred to a person to be placed in a publication or posted to a website; and37
(2) Removal or deletion of such booking photograph from such publication or website38
requires the payment of a fee or other consideration.39
(d) When a person, other than a representative of a news media organization making a40
request pursuant to paragraphs (1) and (2) of subsection (c) of this Code section, requests41
a booking photograph, he or she shall submit a statement affirming that the use of such42
photograph is in compliance with subsection (c) this Code section. Any person who43
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knowingly makes a false statement in requesting a booking photograph shall be guilty of44
a violation of Code Section 16-10-20.45
(e)(1) No person or entity engaged in the business of publishing or otherwise46
disseminating through a publicly accessible print or electronic medium booking47
photographs of individuals who have been arrested shall solicit or accept a fee or other48
form of payment to remove such booking photographs from such publicly accessible print49
or electronic medium.50
(2) An individual whose booking photograph is published or otherwise disseminated51
through a publicly accessible print or electronic medium, or his or her legal52
representative, may make a request, in writing, for the removal of such booking53
photograph to the registered agent of the person or entity that published or otherwise54
disseminated such booking photograph.55
(3) The written request for removal of a booking photograph shall be sent by registered56
mail and include sufficient proof of identification of the individual in such booking57
photograph and specific information identifying such booking photograph. Within ten58
calendar days after receipt of the written request for removal of a booking photograph,59
the person or entity that published or otherwise disseminated such booking photograph60
shall remove the booking photograph without charge and shall not publish or otherwise61
disseminate such booking photograph again.62
(f)(1) An individual whose booking photograph is published or otherwise disseminated63
through a publicly accessible print or electronic medium may bring a civil action to64
enjoin the continued publication or dissemination of his or her booking photograph if the65
booking photograph is not removed within ten calendar days after receipt of a written66
request for removal. The court shall impose a civil penalty of $1,000.00 per day for67
noncompliance with such injunction and shall award reasonable attorney's fees and court68
costs related to the issuance and enforcement of the injunction. Moneys recovered for69
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civil penalties under this paragraph shall be deposited into the general fund of the state70
treasury.71
(2) If a person or an entity required to remove a booking photograph under this Code72
section later publishes or otherwise disseminates such booking photograph again, the73
individual depicted in such booking photograph may bring a civil action to enjoin the74
continued publication or dissemination of such booking photograph. The court shall75
impose a civil penalty of $5,000.00 per day for noncompliance with such injunction and76
shall award reasonable attorney's fees and court costs related to the issuance and77
enforcement of the injunction. Moneys recovered for civil penalties under this paragraph78
shall be deposited into the general fund of the state treasury.79
(g) This Code section shall not apply to any person or entity that publishes or disseminates80
booking photographs unless:81
(1) The person or entity solicits or accepts a fee or other form of payment to remove the82
booking photographs; or83
(2) The person or entity's primary business model is the publishing and disseminating84
of booking photographs for a commercial purpose or pecuniary gain.85
(h) This Code section shall not apply where in the interest of public safety a law86
enforcement agency releases a 'be on the lookout' notice of an individual suspected of87
criminal activity or during exigent circumstances of a law enforcement investigation."88
SECTION 2.89
All laws and parts of laws in conflict with this Act are repealed.90
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