10 HB
1321/AP
House
Bill 1321 (AS PASSED HOUSE AND SENATE)
By:
Representatives Harbin of the
118th
and Ehrhart of the
36th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of
Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of
1977," so as to provide an additional use for Emergency Telephone System Fund
moneys; to amend Code Section 50-18-72, relating to exceptions to the
requirement for disclosure of public records, so as to provide for exemption
from disclosure of certain law enforcement and emergency response records which
contain audio or video recordings of personal suffering; to provide for release
to a victim's next of kin; to provide for judicial action; to provide for
notification; to provide for viewing of such material by the press; to provide
for disclosure under certain conditions; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia
Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977,"
is amended by revising subsection (f) of Code Section 46-5-134, relating to
the establishment of the Emergency Telephone System Fund, as
follows:
"(f)
In addition to cost recovery as provided in subsection (e) of this Code section,
money from the Emergency Telephone System Fund shall be used only to pay
for:
(1)
The lease, purchase, or maintenance of emergency telephone equipment, including
necessary computer hardware, software, and data base provisioning; addressing;
and nonrecurring costs of establishing a 9-1-1 system;
(2)
The rates associated with the service supplier's 9-1-1 service and other service
supplier's recurring charges;
(3)
The actual cost of salaries, including benefits, of employees hired by the local
government solely for the operation and maintenance of the emergency 9-1-1
system and the actual cost of training such of those employees who work as
dispatchers or who work as directors as that term is defined in Code Section
46-5-138.2;
(4)
Office supplies of the public safety answering points used directly in providing
emergency 9-1-1 system services;
(5)
The cost of leasing or purchasing a building used as a public safety answering
point. Moneys from the fund
cannot
shall
not be used for the construction or lease
of an emergency 9-1-1 system building until the local government has completed
its street addressing plan;
(6)
The lease, purchase, or maintenance of computer hardware and software used at a
public safety answering point, including computer-assisted dispatch
systems;
(7)
Supplies directly related to providing emergency 9-1-1 system services,
including the cost of printing emergency 9-1-1 system public education
materials;
and
(8)
The lease, purchase, or maintenance of logging recorders used at a public safety
answering point to record telephone and radio
traffic;
and
(9)
The lease, purchase, or maintenance of equipment and associated hardware and
software that furthers the legislative intent of providing the highest level of
emergency response service on a local, regional, and state-wide basis, including
equipment and associated hardware and software that supports the use of public
safety wireless voice and data communication systems and the operable and
interoperable communication capabilities of 9-1-1 service, but only
if:
(A)
The local government's 9-1-1 system provides enhanced 9-1-1
service;
(B)
The revenues from 9-1-1 charges or wireless enhanced 9-1-1 charges in the local
government's Emergency Telephone System Fund at the end of any fiscal year are
projected to exceed the cost of providing enhanced 9-1-1 services as authorized
in paragraphs (1) through (8) of this subsection;
(C)
The cost of providing services referred to in subparagraph (B) of this paragraph
includes a reserve amount equal to at least 10 percent of the previous year's
expenditures; and
(D)
Funds for such purposes are distributed pursuant to an intergovernmental
agreement
between the local governments whose citizens are served by the emergency
9-1-1
system proportionately by population determined by using the most recently
completed
United States decennial census
figures."
SECTION
2.
Code
Section 50-18-72, relating to exceptions to the requirement for disclosure of
public records, is amended by adding to subsection (a) a new paragraph to read
as follows:
"(2.1)(A)
As used in this paragraph, the term 'natural disaster' means any natural
disaster for which a state of emergency is proclaimed by the
Governor.
(B)
Records of an emergency 9-1-1 system containing audio recordings
when:
(i)
Such audio recordings consist of or contain the personal suffering leading up to
the death of a victim of a natural disaster, including expressions of physical
pain, distress, or terror; and
(ii)
Public dissemination of such records would cause emotional distress to the
person whose suffering was so recorded or to the family of such
person.
(C)
Records described in this paragraph shall be exempt from disclosure under this
article by the law enforcement agency or other agency in possession; and if such
records are used in evidence in any judicial or administrative proceeding, the
tribunal may place such records under seal or otherwise prohibit their
reproduction or distribution.
(D)
This paragraph shall not prohibit disclosure of such material to the deceased's
next of kin or to an individual who has secured a written release from the next
of kin. It shall be the responsibility of the next of kin to show proof of the
familial relationship. For purposes of such access, the deceased's next of kin
shall be:
(i)
The spouse of the deceased if living;
(ii)
If there is no living spouse of the deceased, an adult child of the deceased;
or
(iii)
If there is no living spouse or adult child, a parent of the
deceased.
(E)
Subject to the provisions of subparagraph (F) of this paragraph, in the case of
closed criminal investigations a superior court may order the disclosure of such
recordings upon findings in writing that disclosure is in the public interest
and outweighs any privacy interest that may be asserted by the deceased person's
next of kin. In making such determination, the court shall consider whether
such disclosure is necessary for public evaluation of governmental performance
and the seriousness of the intrusion into the family's right to privacy. In any
such action, the court shall review the recordings in question in camera with
the custodian of crime scene materials present and may condition any disclosure
on such condition as the court may deem necessary to accommodate the interests
of the parties.
(F)
Prior to releasing any recordings described in subparagraph (B) of this
paragraph, the custodian of such material shall give the deceased person's next
of kin at least two weeks' notice. No court shall order a disclosure pursuant
to subparagraph (E) of this paragraph which would disregard or shorten the
duration of such notice requirement.
(G)
The provisions of this paragraph shall apply to all undisclosed material which
is in the custody of a state or local agency on the effective date of this
subsection and to any such material which comes into the custody of a state or
local agency after such date.
(H)
This paragraph shall not apply to disclosure of crime scene material to counsel
representing a convicted defendant in a habeas corpus action pursuant to Chapter
14 of Title 9, on an extraordinary motion for new trial under Code Section
5-5-40 or 5-5-41, or in a federal habeas corpus action under Section 2254 or
2255 of Title 28 of the United States Code for the purpose of preparing to file
or litigating such proceedings. Counsel may disclose such materials to his or
her client and any expert or investigator assisting counsel but shall not
otherwise disseminate such materials, except to the extent they may be necessary
exhibits in court proceedings. A request pursuant to this subparagraph shall
clearly state that such request is being made for the purpose of preparing to
file and litigate proceedings enumerated in this
subparagraph."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.