10
LC 28 4877
House
Bill 876
By:
Representative Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of
Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and
related offenses, so as to provide a short title; to prohibit certain forms of
surveillance without search warrants; to provide for exceptions; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Due Process Restoration
Act."
SECTION
2.
Part
1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to wiretapping, eavesdropping, surveillance, and related
offenses, is amended by adding a new Code section to read as
follows:
"16-11-71.
(a)
It shall be unlawful for any state or local government agency, official, or
employee or agent or independent contractor of such agency to capture images of
persons or property without first obtaining a search warrant from a court of
competent jurisdiction to capture such images detailing the nature of the crime
alleged to have been committed and the facts supporting the need to capture the
image of the person or property in relation to such crime.
(b)
This Code section shall not prohibit the use of security cameras located inside
or outside government buildings or parking facilities provided that such camera
is focused on the area under surveillance and has a fixed field of
observation.
(c)
This Code section shall not apply to situations in which a person gives his or
her express consent to having the image of his or her person or property
captured or to routine booking images and images for identification
badges.
(d)
This Code section shall not apply to cameras mounted in police vehicles for the
sole purpose of recording traffic stops of persons suspected of having committed
a criminal violation involving the life, liberty, or property of another person
and that are used only for that
purpose."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.