25 LC 48 1468
House Bill 460
By: Representatives Panitch of the 51
st
, Smith of the 18
th
, Evans of the 57
th
, Holcomb of the
101
st
, and Neal of the 79
th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 24-5-501 of the Official Code of Georgia Annotated, relating to
1
certain communications privileged, so as to exclude from evidence certain communications2
made between attorney and client when the client is in a penal institution; to provide for3
related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Code Section 24-5-501 of the Official Code of Georgia Annotated, relating to certain7
communications privileged, is amended by revising paragraph (2) of subsection (a) as8
follows:9
"(2) Communications between attorney and client, including any telephonic or electronic
10
communications made with such client when he or she is held in a penal institution as11
defined in Code Section 16-10-56, subject to the following:12
(A) Each penal institution shall provide access to a nonrecording telephonic or13
electronic device for a client held in custody to communicate with his or her attorney;14
(B) The contents of any wire, oral, or electronic communication intercepted pursuant15
to this chapter, or any evidence derived therefrom, shall not be received in evidence or16
H. B. 460
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otherwise disclosed in any trial, hearing, or other proceeding in a federal or state court17
unless each party, not less than ten days before the trial, hearing, or proceeding, has18
been furnished with a copy of the court order, and accompanying application, under19
which the interception was authorized or approved;20
(C) Any aggrieved person in any trial, hearing, or proceeding in or before any court,21
department, officer, agency, regulatory body, or other authority of the United States,22
a state, or a political subdivision thereof may move to suppress the contents of any wire,23
oral, or electronic communication intercepted pursuant to Article 3 of Chapter 11 of24
Title 16, or any evidence derived therefrom, on the grounds that:25
(i) The communication was unlawfully intercepted;26
(ii) The order of authorization or approval under which it was intercepted is27
insufficient on its face; or28
(iii) The interception was not made in conformity with the order of authorization or29
approval;30
(D) Such motion shall be made before the trial, hearing, or proceeding commences31
unless there was no opportunity to make such motion or the person was not aware of32
the grounds of the motion. If the motion is granted, the contents of the intercepted wire,33
oral, or electronic communication, or any evidence derived therefrom, shall be treated34
as having been obtained in violation of this Code section. The judge, upon the filing35
of such motion by the aggrieved person, may in his or her discretion make available to36
such person's counsel for inspection such portions of the intercepted communication or37
evidence derived therefrom as the judge determines to be in the interests of justice;"38
SECTION 2.39
All laws and parts of laws in conflict with this Act are repealed.40
H. B. 460
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