| 5 | | - | To amend Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to1 |
|---|
| 6 | | - | disclosure of arrest booking photographs prohibited, so as to prohibit the release or posting2 |
|---|
| 7 | | - | of a booking photograph unless and until the individual depicted therein is convicted; to3 |
|---|
| 8 | | - | provide for booking photograph removal; to provide for penalties; to provide for a civil cause4 |
|---|
| 9 | | - | of action; to provide for limitations; to provide for related matters; to repeal conflicting laws;5 |
|---|
| 10 | | - | and for other purposes.6 |
|---|
| 11 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
|---|
| 12 | | - | SECTION 1.8 |
|---|
| 13 | | - | Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to disclosure of9 |
|---|
| 14 | | - | arrest booking photographs prohibited, is amended by revising subsections (b) through (d)10 |
|---|
| 15 | | - | and adding new subsections to read as follows:11 |
|---|
| 16 | | - | "(b) Except as provided in Code Section 50-18-77 and booking photographs required for12 |
|---|
| 17 | | - | publication as set forth in Titles 16 and 40, for the State Sexual Offender Registry state13 |
|---|
| 18 | | - | sexual offender registry, for representatives of a news media organization as provided in14 |
|---|
| 19 | | - | paragraphs (1) and (2) of subsection (c) of this Code section, and for use by law15 |
|---|
| 20 | | - | enforcement agencies for administrative purposes, an arresting law enforcement agency or16 |
|---|
| 21 | | - | H. B. 10 (SUB) |
|---|
| 22 | | - | - 1 - 25 LC 48 1578S |
|---|
| 23 | | - | agent thereof shall not release to the public or post booking photographs to or on a public17 |
|---|
| 24 | | - | website a booking photograph unless and until the individual depicted in such booking18 |
|---|
| 25 | | - | photograph is convicted of the offense for which such booking photograph was taken.19 |
|---|
| 26 | | - | (c)(1) An arresting law enforcement agency shall not provide or make available a copy20 |
|---|
| 27 | | - | of a booking photograph in any format to a person requesting such photograph if: provide21 |
|---|
| 28 | | - | or make available a copy of a booking photograph in any format to a person requesting22 |
|---|
| 29 | | - | such photograph for a news media organization if such person is gathering information,23 |
|---|
| 30 | | - | is making the request as a representative of that news media organization, and complies24 |
|---|
| 31 | | - | with the requirements of paragraph (2) of this subsection.25 |
|---|
| 32 | | - | (2) When a person is making a request, pursuant to paragraph (1) of this subsection, as26 |
|---|
| 33 | | - | a representative of a news media organization, such representative shall submit a27 |
|---|
| 34 | | - | statement affirming that the use of the booking photograph shall be in compliance with28 |
|---|
| 35 | | - | this Code section; that such news media organization's primary business model is not the29 |
|---|
| 36 | | - | publishing and disseminating of booking photographs for a commercial purpose or30 |
|---|
| 37 | | - | pecuniary gain; and that such news media organization does not solicit or accept a fee or31 |
|---|
| 38 | | - | other form of payment to remove a booking photograph. Such statement shall also32 |
|---|
| 39 | | - | disclose the legal name and any and all trade names of that news media organization. 33 |
|---|
| 40 | | - | Any person who knowingly makes a false statement in requesting such booking34 |
|---|
| 41 | | - | photograph shall be guilty of a violation of Code Section 16-10-20.35 |
|---|
| 42 | | - | (1) Such booking photograph may be placed in a publication or posted to a website or36 |
|---|
| 43 | | - | transferred to a person to be placed in a publication or posted to a website; and37 |
|---|
| 44 | | - | (2) Removal or deletion of such booking photograph from such publication or website38 |
|---|
| 45 | | - | requires the payment of a fee or other consideration.39 |
|---|
| 46 | | - | (d) When a person, other than a representative of a news media organization making a40 |
|---|
| 47 | | - | request pursuant to paragraphs (1) and (2) of subsection (c) of this Code section, requests41 |
|---|
| 48 | | - | a booking photograph, he or she shall submit a statement affirming that the use of such42 |
|---|
| 49 | | - | photograph is in compliance with subsection (c) this Code section. Any person who43 |
|---|
| 50 | | - | H. B. 10 (SUB) |
|---|
| 51 | | - | - 2 - 25 LC 48 1578S |
|---|
| 52 | | - | knowingly makes a false statement in requesting a booking photograph shall be guilty of44 |
|---|
| 53 | | - | a violation of Code Section 16-10-20.45 |
|---|
| 54 | | - | (e)(1) No person or entity engaged in the business of publishing or otherwise46 |
|---|
| 55 | | - | disseminating through a publicly accessible print or electronic medium booking47 |
|---|
| 56 | | - | photographs of individuals who have been arrested shall solicit or accept a fee or other48 |
|---|
| 57 | | - | form of payment to remove such booking photographs from such publicly accessible print49 |
|---|
| 58 | | - | or electronic medium.50 |
|---|
| 59 | | - | (2) An individual whose booking photograph is published or otherwise disseminated51 |
|---|
| 60 | | - | through a publicly accessible print or electronic medium, or his or her legal52 |
|---|
| 61 | | - | representative, may make a request, in writing, for the removal of such booking53 |
|---|
| 62 | | - | photograph to the registered agent of the person or entity that published or otherwise54 |
|---|
| 63 | | - | disseminated such booking photograph.55 |
|---|
| 64 | | - | (3) The written request for removal of a booking photograph shall be sent by registered56 |
|---|
| 65 | | - | mail and include sufficient proof of identification of the individual in such booking57 |
|---|
| 66 | | - | photograph and specific information identifying such booking photograph. Within ten58 |
|---|
| 67 | | - | calendar days after receipt of the written request for removal of a booking photograph,59 |
|---|
| 68 | | - | the person or entity that published or otherwise disseminated such booking photograph60 |
|---|
| 69 | | - | shall remove the booking photograph without charge and shall not publish or otherwise61 |
|---|
| 70 | | - | disseminate such booking photograph again.62 |
|---|
| 71 | | - | (f)(1) An individual whose booking photograph is published or otherwise disseminated63 |
|---|
| 72 | | - | through a publicly accessible print or electronic medium may bring a civil action to64 |
|---|
| 73 | | - | enjoin the continued publication or dissemination of his or her booking photograph if the65 |
|---|
| 74 | | - | booking photograph is not removed within ten calendar days after receipt of a written66 |
|---|
| 75 | | - | request for removal. The court shall impose a civil penalty of $1,000.00 per day for67 |
|---|
| 76 | | - | noncompliance with such injunction and shall award reasonable attorney's fees and court68 |
|---|
| 77 | | - | costs related to the issuance and enforcement of the injunction. Moneys recovered for69 |
|---|
| 78 | | - | H. B. 10 (SUB) |
|---|
| 79 | | - | - 3 - 25 LC 48 1578S |
|---|
| 80 | | - | civil penalties under this paragraph shall be deposited into the general fund of the state70 |
|---|
| 81 | | - | treasury.71 |
|---|
| 82 | | - | (2) If a person or an entity required to remove a booking photograph under this Code72 |
|---|
| 83 | | - | section later publishes or otherwise disseminates such booking photograph again, the73 |
|---|
| 84 | | - | individual depicted in such booking photograph may bring a civil action to enjoin the74 |
|---|
| 85 | | - | continued publication or dissemination of such booking photograph. The court shall75 |
|---|
| 86 | | - | impose a civil penalty of $5,000.00 per day for noncompliance with such injunction and76 |
|---|
| 87 | | - | shall award reasonable attorney's fees and court costs related to the issuance and77 |
|---|
| 88 | | - | enforcement of the injunction. Moneys recovered for civil penalties under this paragraph78 |
|---|
| 89 | | - | shall be deposited into the general fund of the state treasury.79 |
|---|
| 90 | | - | (g) This Code section shall not apply to any person or entity that publishes or disseminates80 |
|---|
| 91 | | - | booking photographs unless:81 |
|---|
| 92 | | - | (1) The person or entity solicits or accepts a fee or other form of payment to remove the82 |
|---|
| 93 | | - | booking photographs; or83 |
|---|
| 94 | | - | (2) The person or entity's primary business model is the publishing and disseminating84 |
|---|
| 95 | | - | of booking photographs for a commercial purpose or pecuniary gain.85 |
|---|
| 96 | | - | (h) This Code section shall not apply where in the interest of public safety a law86 |
|---|
| 97 | | - | enforcement agency releases a 'be on the lookout' notice of an individual suspected of87 |
|---|
| 98 | | - | criminal activity or during exigent circumstances of a law enforcement investigation."88 |
|---|
| 99 | | - | SECTION 2.89 |
|---|
| 100 | | - | All laws and parts of laws in conflict with this Act are repealed.90 |
|---|
| 101 | | - | H. B. 10 (SUB) |
|---|
| 102 | | - | - 4 - |
|---|
| 15 | + | To amend Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to the |
|---|
| 16 | + | 1 |
|---|
| 17 | + | prohibition of disclosure of arrest booking photographs, so as to strengthen protections for2 |
|---|
| 18 | + | individuals who have not been convicted of crimes; to provide for a short title; to provide for3 |
|---|
| 19 | + | a definition; to provide for removal procedures for remove-for-pay publications and4 |
|---|
| 20 | + | websites; to provide for related matters; to repeal conflicting laws; and for other purposes.5 |
|---|
| 21 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
|---|
| 22 | + | SECTION 1.7 |
|---|
| 23 | + | This Act shall be known and may be cited as the "Georgia Booking Photo Privacy Protection8 |
|---|
| 24 | + | Act."9 |
|---|
| 25 | + | SECTION 2.10 |
|---|
| 26 | + | Code Section 35-1-19 of the Official Code of Georgia Annotated, relating to the prohibition11 |
|---|
| 27 | + | of disclosure of arrest booking photographs, is amended as follows:12 |
|---|
| 28 | + | "35-1-19.13 |
|---|
| 29 | + | (a) As used in this Code section, the term: |
|---|
| 30 | + | 14 |
|---|
| 31 | + | H. B. 10 |
|---|
| 32 | + | - 1 - 25 LC 48 1353 |
|---|
| 33 | + | (1) 'Booking photograph' 'booking photograph' means a photograph or image of an15 |
|---|
| 34 | + | individual taken by an arresting law enforcement agency for the purpose of identification16 |
|---|
| 35 | + | or taken when such individual was processed into a jail.17 |
|---|
| 36 | + | (2) 'Remove-for-pay publication or website' means any publication or public website that18 |
|---|
| 37 | + | charges a fee or requires other valuable consideration for the removal, deletion, or19 |
|---|
| 38 | + | alteration of booking photographs, or that uses such photographs for profit or20 |
|---|
| 39 | + | advertisement revenue.21 |
|---|
| 40 | + | (b) Except as provided in Code Section 50-18-77 and booking photographs required for22 |
|---|
| 41 | + | publication as set forth in Titles 16 and 40, for the State Sexual Offender Registry state23 |
|---|
| 42 | + | sexual offender registry, and for use by law enforcement agencies for administrative24 |
|---|
| 43 | + | purposes, an arresting law enforcement agency or agent thereof shall not post booking25 |
|---|
| 44 | + | photographs to or on a website no arresting law enforcement agency or its agents shall post26 |
|---|
| 45 | + | booking photographs to public websites.27 |
|---|
| 46 | + | (c) An arresting law enforcement agency shall not provide or make available a copy of a28 |
|---|
| 47 | + | booking photograph in any format to a person or entity requesting such photograph if:29 |
|---|
| 48 | + | (1) Such booking photograph may be placed in a remove-for-pay publication or posted30 |
|---|
| 49 | + | to a website; or transferred to a person to be placed in a publication or posted to a31 |
|---|
| 50 | + | website; and32 |
|---|
| 51 | + | (2) Removal or deletion of such booking photograph from such remove-for-pay33 |
|---|
| 52 | + | publication or website requires the payment of a fee or other consideration.; or34 |
|---|
| 53 | + | (3) The individual depicted in the photograph has not been convicted of the crimes for35 |
|---|
| 54 | + | which he or she was arrested.36 |
|---|
| 55 | + | (d) Remove-for-pay publications or websites shall be required to:37 |
|---|
| 56 | + | (1) Remove booking photographs without charge if the individual submits evidence of38 |
|---|
| 57 | + | any of the following:39 |
|---|
| 58 | + | (A) Acquittal of the criminal charge;40 |
|---|
| 59 | + | (B) Non-prosecution of the charge; or41 |
|---|
| 60 | + | H. B. 10 |
|---|
| 61 | + | - 2 - 25 LC 48 1353 |
|---|
| 62 | + | (C) Expungement, vacatur, or pardon of the criminal record; and42 |
|---|
| 63 | + | (2) Complete such removal within seven calendar days of receiving the request and43 |
|---|
| 64 | + | accompanying documentation.44 |
|---|
| 65 | + | (e) Any individual who When a person requests a booking photograph, he or she shall45 |
|---|
| 66 | + | submit a statement affirming that the use of such photograph is in compliance with46 |
|---|
| 67 | + | subsection (c) of this Code section. Any person who knowingly makes a false statement47 |
|---|
| 68 | + | in requesting a booking photograph shall be guilty of a violation of Code Section 16-10-20.48 |
|---|
| 69 | + | (f) Notwithstanding the provisions of subsections (b) and (c) of this Code section, a law49 |
|---|
| 70 | + | enforcement agency shall provide a copy of a booking photograph to the individual50 |
|---|
| 71 | + | depicted in the photograph or his or her legal counsel upon request."51 |
|---|
| 72 | + | SECTION 3.52 |
|---|
| 73 | + | This Act shall become effective upon its approval by the Governor or upon its becoming law53 |
|---|
| 74 | + | without such approval.54 |
|---|
| 75 | + | SECTION 4.55 |
|---|
| 76 | + | All laws and parts of laws in conflict with this Act are repealed.56 |
|---|
| 77 | + | H. B. 10 |
|---|
| 78 | + | - 3 - |
|---|