Georgia 2025-2026 Regular Session

Georgia House Bill HB460 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 48 1499S
2		-	House Bill 460 (COMMITTEE SUBSTITUTE)
3		-	By: Representatives Panitch of the 51
4		-	st
5		-	, Smith of the 18
6		-	th
7		-	, Evans of the 57
8		-	th
9		-	, Holcomb of the
10		-	101
11		-	st
12		-	, Neal of the 79
13		-	th
14		-	, and others
	2	+	The House Committee on Judiciary, Non-Civil offers the following substitute to HB 460:
15	3		A BILL TO BE ENTITLED
16	4		AN ACT
17		-	To amend Code Section 24-5-501 of the Official Code of Georgia Annotated, relating to
18		-	1
	5	+	To amend Code Section 24-5-501 of the Official Code of Georgia Annotated, relating to1
19	6		certain communications privileged, so as to exclude from evidence certain communications2
20	7		made between attorney and client when the client is in a penal institution; to provide for3
21	8		related matters; to repeal conflicting laws; and for other purposes.4
22	9		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
23	10		SECTION 1.6
24	11		Code Section 24-5-501 of the Official Code of Georgia Annotated, relating to certain7
25	12		communications privileged, is amended by revising paragraph (2) of subsection (a) as8
26	13		follows:9
27		-	"(2) Communications between attorney and client, including any telephonic or electronic
28		-	10
	14	+	"(2) Communications between attorney and client, including any telephonic or electronic10
29	15		communications made with such client when he or she is held in a penal institution as11
30	16		defined in Code Section 16-10-56, subject to the following:12
31	17		(A) Each penal institution shall provide access to a nonrecording telephonic or13
32	18		electronic device for a client held in custody to communicate with his or her attorney;14
33	19		(B) The contents of any wire, oral, or electronic communication intercepted pursuant15
34	20		to this chapter, or any evidence derived therefrom, shall not be received in evidence or16
35	21		H. B. 460 (SUB)
36	22		- 1 - 25 LC 48 1499S
37	23		otherwise disclosed in any trial, hearing, or other proceeding in state court unless each17
38	24		party, not less than ten days before the trial, hearing, or proceeding, has been furnished18
39	25		with a copy of the court order, and accompanying application, under which the19
40	26		interception was authorized or approved;20
41	27		(C) Any aggrieved person in any trial, hearing, or proceeding in or before any court,21
42	28		department, officer, agency, regulatory body, or the state, or a political subdivision22
43	29		thereof may move to suppress the contents of any wire, oral, or electronic23
44	30		communication intercepted pursuant to Article 3 of Chapter 11 of Title 16, or any24
45	31		evidence derived therefrom, on the grounds that:25
46	32		(i) The communication was unlawfully intercepted;26
47	33		(ii) The order of authorization or approval under which it was intercepted is27
48	34		insufficient on its face; or28
49	35		(iii) The interception was not made in conformity with the order of authorization or29
50	36		approval; and30
51	37		(D) Such motion shall be made before the trial, hearing, or proceeding commences31
52	38		unless there was no opportunity to make such motion or the person was not aware of32
53	39		the grounds of the motion. If the motion is granted, the contents of the intercepted wire,33
54	40		oral, or electronic communication, or any evidence derived therefrom, shall be treated34
55	41		as having been obtained in violation of this Code section. The judge, upon the filing35
56	42		of such motion by the aggrieved person, may in his or her discretion make available to36
57	43		such person's counsel for inspection such portions of the intercepted communication or37
58	44		evidence derived therefrom as the judge determines to be in the interests of justice;"38
59	45		SECTION 2.39
60	46		All laws and parts of laws in conflict with this Act are repealed.40
61	47		H. B. 460 (SUB)
62	48		- 2 -