Georgia 2025-2026 Regular Session

Georgia House Bill HB301 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 48 1420
2	2	House Bill 301
3	3	By: Representatives Gilliard of the 162
4	4	nd
5	5	, Tran of the 80
6	6	th
7	7	, and Adesanya of the 43
8	8	rd
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	To amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to
13	13	1
14	14	review of individual's criminal history record information, definitions, privacy2
15	15	considerations, written application requesting review, and inspection, so as to provide for the3
16	16	automatic restriction of criminal history records for convictions of certain misdemeanors and4
17	17	felonies five years after the completion of the sentence; to amend Article 2 of Chapter 9 of5
18	18	Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and6
19	19	other relief, so as to provide for the automatic sealing of certain criminal records; to provide7
20	20	a short title; to provide for definitions; to provide for related matters; to repeal conflicting8
21	21	laws; and for other purposes.9
22	22	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
23	23	SECTION 1.11
24	24	This Act shall be known and may be cited as "The Time Served Act of 2025."12
25	25	SECTION 2.13
26	26	Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of14
27	27	individual's criminal history record information, definitions, privacy considerations, written15
28	28	H. B. 301
29	29	- 1 - 25 LC 48 1420
30	30	application requesting review, and inspection, is amended by revising subsection (w) and
31	31	16
32	32	adding a new subsection to read as follows:17
33	33	"(w)(1) Notwithstanding any other provision of this Code section, except for individuals
34	34	18
35	35	convicted of an offense listed in paragraph (2) of this subsection, when an individual was19
36	36	convicted in this state of a felony, misdemeanor, or a series of felonies or misdemeanors20
37	37	arising from a single incident and has successfully completed the terms of his or her21
38	38	sentence and not been convicted of another felony or misdemeanor offense, excluding22
39	39	any nonserious traffic offense, for at least five years from the date of completion of the23
40	40	sentence, the criminal history record of the individual's conviction shall be automatically24
41	41	restricted.25
42	42	(2) Record restriction pursuant to this subsection shall not be appropriate if the individual26
43	43	was convicted of:27
44	44	(A) A serious violent felony as such term is defined in Code Section 17-10-6.1;28
45	45	(B) A sexual offense as such term is defined in Code Section 17-10-6.2;29
46	46	(C) Trafficking of persons for labor or sexual servitude as prohibited by Code30
47	47	Section 16-5-46;31
48	48	(D) Neglecting disabled adults, elder persons, or residents as prohibited by Code32
49	49	Section 16-5-101;33
50	50	(E) Exploitation and intimidation of disabled adults, elder persons, and residents as34
51	51	prohibited by Code Section 16-5-102;35
52	52	(F) Sexual exploitation of a minor as prohibited by Code Section 16-12-100;36
53	53	(G) Electronically furnishing obscene material to a minor as prohibited by Code37
54	54	Section 16-12-100.1;38
55	55	(H) Computer pornography and child exploitation as prohibited by Code39
56	56	Section 16-12-100.2; or40
57	57	H. B. 301
58	58	- 2 - 25 LC 48 1420
59	59	(I) Any of the following offenses when such offense is committed against a law41
60	60	enforcement officer, as defined in subparagraph (j)(9)(B) of Code Section 42-8-60,42
61	61	while such officer is engaged in the performance of his or her official duties:43
62	62	(i) Aggravated assault in violation of Code Section 16-5-21;44
63	63	(ii) Aggravated battery in violation of Code Section 16-5-24; or45
64	64	(iii) Obstruction of a law enforcement officer in violation of subsection (b) of Code46
65	65	Section 16-10-24, if such violation results in serious physical harm or injury to such47
66	66	officer.48
67	67	(w)(x) This Code section shall apply to sentences imposed before, on, or after July 1,49
68	68	2020."50
69	69	SECTION 3.51
70	70	Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to52
71	71	grants of pardons, paroles, and other relief, is amended by adding a new Code section to read53
72	72	as follows:54
73	73	"42-9-52.1.55
74	74	(a) As used in this Code section, the term:56
75	75	(1) 'Covered individual' means an individual who:57
76	76	(A) Is not a sex offender;58
77	77	(B) Has not been convicted of an offense as provided in paragraph (2) of59
78	78	subsection (w) of Code Section 35-3-37;60
79	79	(C) Has been:61
80	80	(i) Arrested for a felony offense for which the individual was not convicted;62
81	81	(ii) Convicted of an offense involving marijuana or another controlled substance63
82	82	defined in paragraph (4) of Code Section 16-13-21; or64
83	83	(iii) Convicted of a nonviolent offense;65
84	84	H. B. 301
85	85	- 3 - 25 LC 48 1420
86	86	(D) In the case of a conviction described in divisions (ii) and (iii) of subparagraph (B)66
87	87	of this paragraph, has fulfilled each requirement of the sentence for the offense,67
88	88	including:68
89	89	(i) Completing each term of imprisonment, probation, or supervised release; and69
90	90	(ii) Satisfying each condition of imprisonment, probation, or supervised release; and70
91	91	(E) Has not been convicted for any offense related to treason, terrorism, access and71
92	92	transmission of sensitive defense information, or other national security related72
93	93	convictions.73
94	94	(2) 'Nonviolent offense' means an offense as provided in Article 1 of Chapter 8 of74
95	95	Title 16 and Code Section 16-8-40.75
96	96	(b) At the time of sentencing of a covered individual for a conviction for an offense76
97	97	pursuant to Code Section 16-8-40, 16-13-30, or Article 1 of Chapter 8 of Title 16, the court77
98	98	shall enter an order that each record and portion thereof that relates to the offense shall be78
99	99	sealed automatically on the date that is five years after the covered individual fulfills each79
100	100	requirement of the sentence, including:80
101	101	(1) Completing each term of imprisonment, probation, or supervised release; and81
102	102	(2) Satisfying each condition of imprisonment, probation, or supervised release.82
103	103	(c) When a covered individual is placed on parole or conditional release, the board shall83
104	104	issue a certificate of employability to such parolee or conditional releasee under the84
105	105	following rules and conditions:85
106	106	(1) The parolee or conditional releasee has achieved the following:86
107	107	(A) While incarcerated, earned a state approved high school equivalency (HSE)87
108	108	diploma or, prior to incarceration, earned a state approved high school88
109	109	equivalency (HSE) diploma, a high school diploma, a college degree, a vocational or89
110	110	technical education program certificate signifying program completion, or a diploma90
111	111	or degree obtained by correspondence from a postsecondary education program that91
112	112	meets the board's approval;92
113	113	H. B. 301
114	114	- 4 - 25 LC 48 1420
115	115	(B) Received no major disciplinary violations during the year immediately preceding93
116	116	his or her parole or conditional release; and94
117	117	(C) Received a score or level of competence as determined by the board on a job skills95
118	118	assessment test administered by the board or correctional facility;96
119	119	(2) Such certificate of employability shall:97
120	120	(A) Be issued to the parolee or conditional releasee when he or she is placed on parole98
121	121	or conditional release;99
122	122	(B) Be on a form provided by the board;100
123	123	(C) Be valid unless revoked by the board; and101
124	124	(D) Not create relief from:102
125	125	(i) A requirement to register as a sex offender under Code Section 42-1-12;103
126	126	(ii) A driver's license, commercial driver's license, or probationary license104
127	127	suspension, cancellation, or revocation;105
128	128	(iii) A restriction on employment as a prosecutor or law enforcement officer; or106
129	129	(iv) The denial, ineligibility, or automatic suspension of a healthcare professional's107
130	130	license due to a substance use disorder; and108
131	131	(3) The board shall notify incoming inmates of their right to earn a certificate of109
132	132	employability.110
133	133	(d) The board shall submit an annual report no later than September 1 of each year to the111
134	134	Governor and the General Assembly, which shall include the number of certificates of112
135	135	employability issued in the preceding 12 months, the rate of recidivism among parolees or113
136	136	conditional releasees previously issued certificates of employability, and any other114
137	137	information the board deems appropriate to include.115
138	138	(e) Not later than 60 days after the date on which a covered individual is acquitted,116
139	139	exonerated, or otherwise subject to a judgment which did not result in a conviction for a117
140	140	criminal offense, each record or portion thereof that relates to the criminal offense shall be118
141	141	sealed automatically as provided in subsection (w) of Code Section 35-3-37.119
142	142	H. B. 301
143	143	- 5 - 25 LC 48 1420
144	144	(f)(1) Except as provided in paragraph (4) of this subsection, a record that has been120
145	145	sealed under this Code section shall not be accessible to any person.121
146	146	(2)(A) Except as provided in subparagraph (B) of this paragraph, an individual whose122
147	147	record has been sealed pursuant to this Code section shall not be required to disclose123
148	148	the existence of or any information contained in the individual's sealed record and shall124
149	149	not be subject to prosecution under any civil or criminal provision of federal or state125
150	150	law relating to perjury, false swearing, or making a false statement, for failing to recite126
151	151	or acknowledge any information that has been sealed with respect to the offense, or127
152	152	respond to any inquiry made of the individual, relating to the protected information.128
153	153	(B) An individual whose record has been sealed pursuant to this Code section shall129
154	154	disclose information contained in such record:130
155	155	(i) When testifying in court;131
156	156	(ii) In the course of questioning by a law enforcement officer in connection with a132
157	157	subsequent criminal investigation; or133
158	158	(iii) In connection with employment described in paragraph (4) of this subsection that134
159	159	the individual is seeking.135
160	160	(3) Except as provided in paragraph (4) of this subsection, the existence of a record of136
161	161	an individual which has been sealed pursuant to this Code section, or the information137
162	162	contained therein, shall not be included in any background check conducted on such138
163	163	individual.139
164	164	(4)(A) An officer or employee of a law enforcement agency or a court may access a140
165	165	record of an individual which has been sealed pursuant to this Code section and is in141
166	166	the possession of the agency or court, or another law enforcement agency or court,142
167	167	solely:143
168	168	(i) For investigatory or prosecutorial purposes; or144
169	169	(ii) For a background check that relates to:145
170	170	(I) Employment with a law enforcement agency;146
171	171	H. B. 301
172	172	- 6 - 25 LC 48 1420
173	173	(II) A high-risk, public trust position; or147
174	174	(III) The manufacture, importation, sale, transfer, possession, or carrying of148
175	175	firearms, explosives, or ammunition.149
176	176	(B) An officer or employee of a law enforcement agency or a court may disclose150
177	177	information contained in a sealed record only in order to carry out the purposes151
178	178	described in subparagraph (A) of this paragraph.152
179	179	(g) Any individual whose record has been sealed pursuant to this Code section may access153
180	180	the information contained in the individual's sealed record.154
181	181	(h) The Attorney General shall, by rule, establish a process to ensure that any record in the155
182	182	possession of a state agency required to be sealed under this Code section is automatically156
183	183	sealed in accordance with this Code section.157
184	184	(i) This Code section shall apply to an arrest that occurred or a conviction that was entered158
185	185	before, on, or after the date of enactment of this Code section. Not later than two years159
186	186	after the date of enactment of this Code section, the Attorney General shall ensure that any160
187	187	record related to an arrest or conviction that occurred or was entered prior to the automatic161
188	188	sealing of such a record, which record is required to be sealed under this Code section, is162
189	189	so sealed.163
190	190	(j) An employer who employs or otherwise engages an individual whose criminal records164
191	191	were sealed pursuant to this Code section shall be immune from liability for any claim165
192	192	arising out of the misconduct of the individual, if the misconduct relates to the portion of166
193	193	the criminal records that were sealed pursuant to this Code section.167
194	194	(k)(1) Whoever knowingly accesses or discloses information contained in a record sealed168
195	195	under this Code section in a manner that is prohibited under this Code section shall be169
196	196	fined $1,000.00 or punished by imprisonment for not more than one year, or both.170
197	197	(2) Nothing in this subsection shall prevent a covered individual from accessing or171
198	198	disclosing information contained in records sealed pursuant to this Code section.172
199	199	H. B. 301
200	200	- 7 - 25 LC 48 1420
201	201	(l) Nothing in this Code section shall abrogate or constrain the authority of a judge or173
202	202	judicial body to vacate a judgment or sentence."174
203	203	SECTION 4.175
204	204	All laws and parts of laws in conflict with this Act are repealed.176
205	205	H. B. 301
206	206	- 8 -