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SB 20 - Law Enforce.Records - inspection, copying for commercial solicitation

Land, Clay (16th)	Ray, II, William M (48th)

Status Summary	SC:	Pub S	HC:	Judy	FR:	01/14/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A bill to provide for legislative findings; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal the prohibition of inspection or copying of law enforcement records for commercial solicitation.

Code Sections - 35-1-9 <->/ 50-18-77

SB 20  99                                             SB20/AP 
 
      SENATE BILL 20 
 
      By:  Senators Land of the 16th and Ray of the 48th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To provide for legislative findings; to amend Chapter 1 of 
  1- 2  Title 35 of the Official Code of Georgia Annotated, relating 
  1- 3  to general provisions relative to law enforcement officers 
  1- 4  and agencies, so as to repeal the prohibition of inspection 
  1- 5  or copying of law enforcement records for commercial 
  1- 6  solicitation; to amend Code Section 40-5-2 of the Official 
  1- 7  Code of Georgia Annotated, relating to keeping records 
  1- 8  regarding applications for drivers' licenses and information 
  1- 9  on licensees, and Article 4 of Chapter 18 of the Official 
  1-10  Code of Georgia Annotated, relating to inspection of public 
  1-11  records, so as to change provisions relating to inspection 
  1-12  and copying of Georgia Uniform Motor Vehicle Accident 
  1-13  Reports; to provide for circumstances when such reports may 
  1-14  be inspected or copied; to provide that the prohibitions, 
  1-15  procedures, and fees of the article do not apply when public 
  1-16  records are requested in writing by a grand jury, taxing 
  1-17  authority, law enforcement agency, or prosecuting attorney 
  1-18  in certain circumstances; to repeal conflicting laws; and 
  1-19  for other purposes. 
 
  1-20       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-21                           SECTION 1. 
 
  1-22  The General Assembly finds that many Georgia citizens 
  1-23  continue to use their social security numbers as their 
  1-24  driver's license numbers, and that the driver's license 
  1-25  numbers of drivers involved in a motor vehicle accident, as 
  1-26  well as the drivers' home addresses, telephone numbers, 
  1-27  descriptions of motor vehicles owned or operated by the 
  1-28  drivers, their insurance carriers, and insurance policy 
  1-29  numbers, are routinely recorded on Georgia Uniform Motor 
  1-30  Vehicle Accident Reports.  The General Assembly further 
  1-31  finds that this information can be used and has been used to 
  1-32  invade the privacy of persons involved in motor vehicle 
  1-33  accidents, to commit the crime of financial identity fraud 
  1-34  against such persons and to defraud individuals, insurance 
  1-35  carriers, other business entities, and agencies and 
 
 
 
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  2- 1  political subdivisions of the state government.  The General 
  2- 2  Assembly further finds that, although there are many sources 
  2- 3  for identifying information regarding individuals, access to 
  2- 4  Georgia Uniform Motor Vehicle Accident Reports is a 
  2- 5  particularly easy and convenient method of gathering 
  2- 6  information for fraudulent purposes and for invading the 
  2- 7  privacy of individuals, and that restricting such access 
  2- 8  will be useful in combating privacy invasion and financial 
  2- 9  identity fraud. 
 
  2-10                           SECTION 2. 
 
  2-11  Chapter 1 of Title 35 of the Official Code of Georgia 
  2-12  Annotated, relating to general provisions relative to law 
  2-13  enforcement officers and agencies, is amended by striking in 
  2-14  its entirety Code Section 35-1-9, relating to inspection or 
  2-15  copying of law enforcement records for commercial 
  2-16  solicitation, and inserting in lieu thereof the following: 
 
  2-17    "35-1-9.  
 
  2-18    (a) It shall be unlawful for any person to inspect or copy 
  2-19    any records of a law enforcement agency to which the 
  2-20    public has a right of access under paragraph (4) of 
  2-21    subsection (a) of Code Section 50-18-72 for the purpose of 
  2-22    obtaining the names and addresses of the victims of crimes 
  2-23    or persons charged with crimes or persons involved in 
  2-24    motor vehicle accidents or other information contained in 
  2-25    such records for any commercial solicitation of such 
  2-26    individuals or relatives of such individuals.  
 
  2-27    (b) The provisions of subsection (a) of this Code section 
  2-28    shall not prohibit the publication of such information by 
  2-29    any news media or the use of such information for any 
  2-30    other lawful data collection or analysis purpose.  
 
  2-31    (c) Any person who violates any provision of subsection 
  2-32    (a) of this Code section shall be guilty of a 
  2-33    misdemeanor.Reserved." 
 
  2-34                           SECTION 3. 
 
  2-35  Code Section 40-5-2 of the Official Code of Georgia 
  2-36  Annotated, relating to keeping records regarding 
  2-37  applications for drivers' licenses and information on 
  2-38  licensees, is amended by striking subsection (b) in its 
  2-39  entirety and inserting in lieu thereof the following: 
 
  2-40    "(b) The records maintained by the department on 
  2-41    individual drivers are exempt from any law of this state 
 
 
 
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  3- 1    requiring that such records be open for public inspection; 
  3- 2    provided, however, that initial arrest reports, accident 
  3- 3    reports, incident reports, and the records pertaining to 
  3- 4    investigations or prosecutions of criminal or unlawful 
  3- 5    activity shall be subject to disclosure pursuant to 
  3- 6    paragraph (4) of subsection (a) of Code Section 50-18-72 
  3- 7    and related provisions.  Georgia Uniform Motor Vehicle 
  3- 8    Accident Reports shall be subject to disclosure pursuant 
  3- 9    to paragraph (4.1) of subsection (a) of Code Section 
  3-10    50-18-72.  The department shall not make records or 
  3-11    personal information available on any driver except as 
  3-12    otherwise provided in this Code section or as otherwise 
  3-13    specifically required by 18 U.S.C. Section 2721." 
 
  3-14                           SECTION 4. 
 
  3-15  Article 4 of Chapter 18 of Title 50 of the Official Code of 
  3-16  Georgia Annotated, relating to inspection of public records, 
  3-17  is amended in Code Section 50-18-72, relating to when public 
  3-18  disclosure is not required for public records, by  striking 
  3-19  in its entirety paragraph (4) of subsection (a) and 
  3-20  inserting in its place the following: 
 
  3-21      "(4) Records of law enforcement, prosecution, or 
  3-22      regulatory agencies in any pending investigation or 
  3-23      prosecution of criminal or unlawful activity, other than 
  3-24      initial police arrest reports, accident reports, and 
  3-25      initial incident reports; provided, however, that an 
  3-26      investigation or prosecution shall no longer be deemed 
  3-27      to be pending when all direct litigation involving said 
  3-28      investigation and prosecution has become final or 
  3-29      otherwise terminated;" 
 
  3-30                           SECTION 5. 
 
  3-31  Said Code section relating to when public disclosure is not 
  3-32  required for public records is further amended by inserting 
  3-33  a new paragraph to be designated paragraph (4.1) to read as 
  3-34  follows: 
 
  3-35      "(4.1) Individual Georgia Uniform Motor Vehicle Accident 
  3-36      Reports, except upon the submission of a written 
  3-37      statement of need by the requesting party, such 
  3-38      statement to be provided to the custodian of records and 
  3-39      to set forth the need for the report pursuant to this 
  3-40      Code section; provided, however, that any person or 
  3-41      entity whose name or identifying information is 
  3-42      contained in a Georgia Uniform Motor Vehicle Accident 
  3-43      Report shall be entitled, either personally or through a 
 
 
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  4- 1      lawyer or other representative, to receive a copy of 
  4- 2      such report; and provided further that Georgia Uniform 
  4- 3      Motor Vehicle Accident Reports shall not be available in 
  4- 4      bulk for inspection or copying by any person absent a 
  4- 5      written statement showing the need for each such report 
  4- 6      pursuant to the requirements of this Code section.  For 
  4- 7      the purposes of this subsection, the term 'need' means 
  4- 8      that the natural person or legal entity who is 
  4- 9      requesting in person or by representative to inspect or 
  4-10      copy the Georgia Uniform Motor Vehicle Accident Report: 
 
  4-11        (A) Has a personal, professional, or business 
  4-12        connection with a party to the accident; 
 
  4-13        (B) Owns or leases an interest in property allegedly 
  4-14        or actually damaged in the accident; 
 
  4-15        (C) Was allegedly or actually injured by the accident; 
 
  4-16        (D) Was a witness to the accident; 
 
  4-17        (E) Is the actual or alleged insurer of a party to the 
  4-18        accident or of property actually or allegedly damaged 
  4-19        by the accident; 
 
  4-20        (F) Is a prosecutor or a publicly employed law 
  4-21        enforcement officer; 
 
  4-22        (G) Is alleged to be liable to another party as a 
  4-23        result of the accident; 
 
  4-24        (H) Is an attorney stating that he or she needs the 
  4-25        requested reports as part of a criminal case, or an 
  4-26        investigation of a potential claim involving 
  4-27        contentions that a roadway, railroad crossing, or 
  4-28        intersection is unsafe; 
 
  4-29        (I) Is gathering information as a representative of a 
  4-30        news media organization; or 
 
  4-31        (J) Is conducting research in the public interest for 
  4-32        such purposes as accident prevention, prevention of 
  4-33        injuries or damages in accidents, determination of 
  4-34        fault in an accident or accidents, or other similar 
  4-35        purposes; provided, however, this subparagraph will 
  4-36        apply only to accident reports on accidents that 
  4-37        occurred more than 30 days prior to the request and 
  4-38        which shall have the name, street address, telephone 
  4-39        number and driver's license number redacted." 
 
 
 
 
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  5- 1                           SECTION 6. 
 
  5- 2  Said Article 4 of Chapter 18 of Title 50 of the Official 
  5- 3  Code of Georgia Annotated, relating to inspection of public 
  5- 4  records, is further amended by inserting a new Code Section 
  5- 5  50-18-77 to read as follows: 
 
  5- 6    "50-18-77. 
 
  5- 7    The procedures and fees provided for in this article shall 
  5- 8    not apply to public records, including records that are 
  5- 9    exempt from disclosure pursuant to Code Section 50-18-72, 
  5-10    which are requested in writing by a state or federal grand 
  5-11    jury, taxing authority, law enforcement agency, or 
  5-12    prosecuting attorney in conjunction with an ongoing 
  5-13    administrative, criminal, or tax investigation.  The 
  5-14    lawful custodian shall provide copies of such records to 
  5-15    the requesting agency unless such records are privileged 
  5-16    or disclosure to such agencies is specifically restricted 
  5-17    by law." 
 
  5-18                           SECTION 7. 
 
  5-19  All laws and parts of laws in conflict with this Act are 
  5-20  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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