Georgia 2025-2026 Regular Session

Georgia House Bill HB162 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 48 1476S
2		-	House Bill 162 (COMMITTEE SUBSTITUTE)
3		-	By: Representatives Hagan of the 156
4		-	th
5		-	, Werkheiser of the 157
6		-	th
7		-	, Leverett of the 123
8		-	rd
9		-	,
10		-	Reeves of the 99
11		-	th
12		-	, Dempsey of the 13
13		-	th
14		-	, and others
	2	+	The House Committee on Judiciary, Non-Civil offers the following substitute to HB 162:
15	3		A BILL TO BE ENTITLED
16	4		AN ACT
17		-	To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the
18		-	1
	5	+	To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the1
19	6		Georgia Bureau of Investigation, so as to provide for the restriction and seal of First Offender2
20	7		Act sentences until such status is revoked; to amend Article 3 of Chapter 8 of Title 42 of the3
21	8		Official Code of Georgia Annotated, relating to first offenders relative to probation, so as to4
22	9		provide for the restriction and seal of first offender sentences at the time of sentencing; to5
23	10		provide for related matters; to repeal conflicting laws; and for other purposes.6
24	11		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
25	12		SECTION 1.8
26	13		Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia9
27	14		Bureau of Investigation, is amended by revising subparagraph (a)(1)(B) of Code Section10
28	15		35-3-34, relating to disclosure and dissemination of criminal records to private persons and11
29	16		businesses, resulting responsibility and liability of issuing center, and provision of certain12
30	17		information to the FBI in conjunction with the National Instant Criminal Background Check13
31	18		System, as follows:14
32	19		"(B)(i) The center shall not provide records of arrests, charges, or sentences when an15
33		-	individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has
34		-	16
	20	+	individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has16
35	21		H. B. 162 (SUB)
36	22		- 1 - 25 LC 48 1476S
37	23		been exonerated and discharged without court adjudication of guilt as a matter of law17
38	24		or pursuant to a court order or Code Section 15-1-20, including records relating to18
39	25		such defendant's bench warrants, failure to appear, and probation for such offense,19
40	26		except as specifically authorized by Code Section 42-8-63.1. The center shall not20
41	27		provide records of arrests, charges, or sentences when an individual has been21
42	28		sentenced as provided in Code Section 15-1-20, including records relating to such22
43	29		defendant's bench warrants, failure to appear, and probation for such offense, except23
44	30		as specifically authorized by Code Section 42-8-63.1.24
45	31		(ii) During the period of time after a defendant, who has been sentenced pursuant to25
46	32		Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without26
47	33		court adjudication of guilt as a matter of law or pursuant to a court order, has27
48	34		completed active probation supervision through the remainder of such sentence, the28
49	35		center shall not provide records of arrests, charges, or sentences except as specifically29
50	36		authorized by Code Section 42-8-63.1.30
51	37		(iii) The center may provide records of arrests, charges, or sentences when an31
52	38		individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has32
53	39		not been exonerated and discharged without court adjudication of guilt as a matter of33
54	40		law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1,34
55	41		while a defendant is under active probation supervision for such offense, or as35
56	42		provided in a court order only for the following purposes:36
57	43		(I) As specifically authorized by Code Section 42-8-63.1;37
58	44		(II) To criminal justice agencies for purposes of employment in accordance with38
59	45		procedures established by the center;39
60	46		(III) Pursuant to any disclosure or consideration of criminal history record40
61	47		information required by federal or state law including, but not limited to, those41
62	48		disclosures required for federally insured financial institutions; or42
63	49		H. B. 162 (SUB)
64	50		- 2 - 25 LC 48 1476S
65	51		(IV) For the purpose of any determination regarding the transfer of a firearm or the43
66	52		issuance of a license pursuant to Code Section 16-11-129;"44
67	53		SECTION 2.45
68	54		Said chapter is further amended by revising subparagraph (a)(1)(B) of Code Section 35-3-35,46
69	55		relating to disclosure and dissemination of records to public agencies and political47
70	56		subdivisions and responsibility and liability of issuing center, as follows:48
71	57		"(B)(i) The center shall not provide records of arrests, charges, or sentences when an49
72	58		individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has50
73	59		been exonerated and discharged without court adjudication of guilt as a matter of law51
74	60		or pursuant to a court order, including records relating to such defendant's bench52
75	61		warrants, failure to appear, and probation for such offense, except as specifically53
76	62		authorized by Code Section 42-8-63.1. The center shall not provide records of arrests,54
77	63		charges, or sentences when an individual has been sentenced as provided in Code55
78	64		Section 15-1-20, including records relating to such defendant's bench warrants, failure56
79	65		to appear, and probation for such offense, except as specifically authorized by Code57
80	66		Section 42-8-63.1.58
81	67		(ii) During the period of time after a defendant, who has been sentenced pursuant to59
82	68		Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without60
83	69		court adjudication of guilt as a matter of law or pursuant to a court order, has61
84	70		completed active probation supervision through the remainder of such sentence, the62
85	71		center shall not provide records of arrests, charges, or sentences except as specifically63
86	72		authorized by Code Section 42-8-63.1.64
87	73		(iii) The center may provide records of arrests, charges, or sentences when an65
88	74		individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has66
89	75		not been exonerated and discharged without court adjudication of guilt as a matter of67
90	76		law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1,68
91	77		H. B. 162 (SUB)
92	78		- 3 - 25 LC 48 1476S
93	79		while a defendant is under active probation supervision for such offense, or as69
94	80		provided in a court order only for the following purposes:70
95	81		(I) As specifically authorized by Code Section 42-8-63.1;71
96	82		(II) To criminal justice agencies for purposes of employment in accordance with72
97	83		procedures established by the center;73
98	84		(III) Pursuant to any disclosure or consideration of criminal history record74
99	85		information required by federal or state law including, but not limited to, those75
100	86		disclosures required for federally insured financial institutions;76
101	87		(IV) For the purpose of any determination regarding the transfer of a firearm or the77
102	88		issuance of a license pursuant to Code Section 16-11-129; or78
103	89		(V) To criminal justice agencies, as such term is defined in Code Section 35-3-30;"79
104	90		SECTION 3.80
105	91		Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first81
106	92		offenders relative to probation, is amended by revising Code Section 42-8-62.1, relating to82
107	93		limiting public access to first offender status, petitioning, and sealing record, is amended as83
108	94		follows:84
109	95		"42-8-62.1.85
110	96		(a) As used in this Code section, the term:86
111	97		(1) 'Criminal history record information' shall have the same meaning as set forth in87
112	98		Code Section 35-3-30.88
113	99		(2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section89
114	100		35-3-37.90
115	101		(3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code91
116	102		Section 35-3-37.92
117	103		(4) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3.93
118	104		H. B. 162 (SUB)
119	105		- 4 - 25 LC 48 1476S
120	106		(b)(1) At the time of sentencing, or during the term of a sentence that was imposed94
121	107		before July 1, 2016, the defendant may seek to the court shall limit public access to his95
122	108		or her first offender sentencing information, and the court may, in its discretion, order any96
123	109		of by ordering the following:97
124	110		(A) Restrict dissemination of the defendant's first offender records, except as provided98
125	111		in subsection (h) of this Code section;99
126	112		(B) The criminal file, docket books, criminal minutes, final record, all other records of100
127	113		the court, and the defendant's criminal history record information in the custody of the101
128	114		clerk of court, including within any index, be sealed and unavailable to the public,102
129	115		except as provided in subsection (h) of this Code section; and103
130	116		(C) Law enforcement agencies, jails, or detention centers to restrict the defendant's104
131	117		criminal history record information of arrest, including any fingerprints or photographs105
132	118		taken in conjunction with such arrest, except as provided in subsection (h) of this Code106
133	119		section.107
134	120		(2) When considering the defendant's request under this subsection, the court shall weigh108
135	121		the public's interest in the defendant's criminal history record information being publicly109
136	122		available and the harm to the defendant's privacy and issue written findings of fact110
137	123		thereupon. Reserved.111
138	124		(3) The court shall specify the date that such prohibited dissemination, sealing, and112
139	125		restrictions will take effect.113
140	126		(c) An individual who has been exonerated of guilt and discharged pursuant to this article,114
141	127		including those individuals exonerated of guilt and discharged prior to July 1, 2016, was115
142	128		sentenced pursuant to this article prior to July 1, 2025, and has not had their sentence116
143	129		revoked and adjudicated guilty, may petition the court that granted ordered such discharge117
144	130		sentence for an order to seal and make unavailable to the public the criminal file, docket118
145	131		books, criminal minutes, final record, all other records of the court, and the defendant's119
146	132		criminal history record information in the custody of the clerk of court, including within120
147	133		H. B. 162 (SUB)
148	134		- 5 - 25 LC 48 1476S
149	135		any index limit public access to his or her case information pursuant to subsection (b) of121
150	136		this Code section. Notice of such petition shall be sent to the clerk of court and the122
151	137		prosecuting attorney. A notice sent by registered or certified mail or statutory overnight123
152	138		delivery shall be sufficient notice.124
153	139		(d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code125
154	140		section, the court shall order restriction and sealing of the criminal file, docket books,126
155	141		criminal minutes, final record, all other records of the court, and the defendant's criminal127
156	142		history record information in the custody of the clerk of court, including within any index,128
157	143		to be sealed and made unavailable to the public, except as provided in subsection (h) of this129
158	144		Code section if the court finds by a preponderance of the evidence that:130
159	145		(1) An exoneration of guilt and discharge has been granted pursuant to this article; and131
160	146		(2) The harm otherwise resulting to the privacy of the individual outweighs the public132
161	147		interest in the criminal history record information being publicly available.133
162	148		(e)(1) Within 60 days of the filing of the court's order under subsection (b) or (d) of this134
163	149		Code section, the clerk of court shall cause every document in connection with such135
164	150		individual's case, physical or electronic, in its custody, possession, or control to be sealed136
165	151		to the public except as provided in subsection (h) of this Code section.137
166	152		(2) Upon sealing and making unavailable to the public, the clerk of court shall display138
167	153		on the file in bold print on the cover of the file a notice to all court personnel that such139
168	154		file is sealed from the public view and dissemination of the contents to anyone other than140
169	155		those authorized by this Code section is prohibited. Such notice shall be sealed from141
170	156		public view and only available to the parties listed in subsection (h) of this Code section.142
171	157		Parties provided for in subsection (h) of this Code section shall maintain access to the143
172	158		record.144
173	159		(f) When a court orders sealing of court records under subsection (b) or (d) of this Code145
174	160		section, the court may shall also order that records maintained by law enforcement146
175	161		agencies, jails, and detention centers be restricted and unavailable to the public. Such147
176	162		H. B. 162 (SUB)
177	163		- 6 - 25 LC 48 1476S
178	164		entities shall comply with such restriction order within 30 days of receiving a copy of such148
179	165		order.149
180	166		(g)(1) Information sealed or restricted pursuant to this Code section shall always be150
181	167		available for inspection, copying, and use:151
182	168		(A) As provided in subsection (c) of Code Section 42-8-65;152
183	169		(B) By the Judicial Qualifications Commission;153
184	170		(C) By a prosecuting attorney or public defender who submits a sworn affidavit to the154
185	171		clerk of court that attests that such information is relevant to a criminal proceeding;155
186	172		(D) Pursuant to a court order; and156
187	173		(E) By an individual who is the subject of sealed court files or restricted criminal157
188	174		history record information upon court order.158
189	175		(2) The confidentiality of such information shall be maintained insofar as practical.159
190	176		(g) If a court of competent jurisdiction revokes the First Offender Act sentence and160
191	177		adjudicates the defendant guilty of the underlying First Offender Act offense while such161
192	178		defendant is serving a first offender sentence, restriction and sealing of such court records162
193	179		shall be removed, and such records may be disseminated by the court, law enforcement163
194	180		agencies, jails, and detention centers.164
195	181		(h)(1) The following entities shall be entitled to access the criminal file, docket books,165
196	182		criminal minutes, final record, and all other records of the court during the period of time166
197	183		a defendant has been sentenced pursuant to this article but has not been exonerated and167
198	184		discharged without court adjudication of guilt as a matter of law or pursuant to a court168
199	185		order. No court order or affidavit shall be required for the following entities to access169
200	186		such records unless otherwise provided:170
201	187		(A) As authorized by Code Section 42-8-63.1;171
202	188		(B) To criminal justice agencies, as such term is defined in Code Section 35-3-30;172
203	189		(C) As authorized by subsection (c) of Code Section 42-8-65;173
204	190		H. B. 162 (SUB)
205	191		- 7 - 25 LC 48 1476S
206	192		(D) To any prosecuting attorney. Prosecuting attorneys shall be authorized to share174
207	193		relevant case information with the victim of the underlying first offender offense175
208	194		pursuant to the Crime Victims' Bill of Rights, as provided in Code Section 17-17-1;176
209	195		(E) To any judge or court personnel;177
210	196		(F) To any public defender;178
211	197		(G) To an individual who is the subject of sealed court files or restricted criminal179
212	198		history record information;180
213	199		(H) To the Judicial Qualifications Commission;181
214	200		(I) To the Department of Community Supervision;182
215	201		(J) To the State Board of Pardons and Paroles;183
216	202		(K) Pursuant to any disclosure or consideration of criminal history record information184
217	203		required by federal or state law including, but not limited to, those disclosures required185
218	204		for federally insured financial institutions;186
219	205		(L) For the purpose of any determination regarding the transfer of a firearm or the187
220	206		issuance of a license pursuant to Code Section 16-11-129; or188
221	207		(M) When such records are made available for inspection, copying, and use pursuant189
222	208		to a court order.190
223	209		(2) The confidentiality of such information shall be maintained insofar as practical."191
224	210		SECTION 4.192
225	211		Said article is further amended by adding a new Code section to read as follows:193
226	212		"42-8-62.2.194
227	213		(a) As used in this Code section, the term:195
228	214		(1) 'Criminal history record information' shall have the same meaning as set forth in196
229	215		Code Section 35-3-30.197
230	216		(2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section198
231	217		35-3-37.199
232	218		H. B. 162 (SUB)
233	219		- 8 - 25 LC 48 1476S
234	220		(3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code200
235	221		Section 35-3-37.201
236	222		(b) At the time a defendant who has been sentenced pursuant to this article has been202
237	223		exonerated and discharged without court adjudication of guilt as a matter of law or203
238	224		pursuant to a court order, the criminal file, docket books, criminal minutes, final record,204
239	225		and all other records of the court shall be restricted except as provided in subsection (g) of205
240	226		this Code section.206
241	227		(c) An individual who has been exonerated of guilt and discharged without court207
242	228		adjudication of guilt as a matter of law or pursuant to a court order pursuant to this article208
243	229		prior to July 1, 2025, may petition the court that granted such discharge for an order to seal209
244	230		and make unavailable to the public the criminal file, docket books, criminal minutes, final210
245	231		record, all other records of the court, and the defendant's criminal history record211
246	232		information in the custody of the clerk of court, including within any index. Notice of such212
247	233		petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by213
248	234		registered or certified mail or statutory overnight delivery shall be sufficient notice.214
249	235		(d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code215
250	236		section, the court shall order the criminal file, docket books, criminal minutes, final record,216
251	237		all other records of the court, and the defendant's criminal history record information in the217
252	238		custody of the clerk of court, including within any index, to be sealed and made unavailable218
253	239		to the public.219
254	240		(e) Within 60 days of exoneration and discharge under subsection (b) of this Code section220
255	241		or the filing of the court's order under subsection (d) of this Code section, the clerk of court221
256	242		shall cause every document in connection with such individual's case, physical or222
257	243		electronic, in its custody, possession, or control to be sealed.223
258	244		(f) When a court orders sealing of court records under this Code section, the court shall224
259	245		also order that records maintained by law enforcement agencies, jails, and detention centers225
260	246		H. B. 162 (SUB)
261	247		- 9 - 25 LC 48 1476S
262	248		be restricted and unavailable to the public. Such entities shall comply with such restriction226
263	249		within 30 days of receiving a copy of such order.227
264	250		(g)(1) Information sealed or restricted pursuant to this Code section shall always be228
265	251		available for inspection, copying, and use:229
266	252		(A) As provided in subsection (c) of Code Section 42-8-65;230
267	253		(B) By the Judicial Qualifications Commission;231
268	254		(C) By judges of courts of competent jurisdiction in the State of Georgia;232
269	255		(D) By a prosecuting attorney or public defender who submits a sworn affidavit to the233
270	256		clerk of court that attests that such information is relevant to a criminal proceeding. No234
271	257		prosecuting attorney or public defender shall be required to obtain a court order to235
272	258		obtain such information that is relevant to a criminal proceeding;236
273	259		(E) Pursuant to a court order; and237
274	260		(F) By an individual who is the subject of sealed court files or restricted criminal238
275	261		history record information.239
276	262		(2) The confidentiality of such information shall be maintained insofar as practical."240
277	263		SECTION 5.241
278	264		All laws and parts of laws in conflict with this Act are repealed.242
279	265		H. B. 162 (SUB)
280	266		- 10 -