10 LC 29
4347S
The
Senate Judiciary Committee offered the following substitute to HB
1322:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating
to when public disclosure is not required, so as to prohibit public disclosure
of certain types of crime scene photography; to provide for exceptions; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 50-18-72 of the Official Code of Georgia Annotated, relating to when
public disclosure is not required, is amended in subsection (a) by adding a new
paragraph to read as follows:
"(3.1)(A)
Except as otherwise provided by law, photographs, videos, or other depictions
compiled by law enforcement of any individual in a state of partial or complete
nudity, depicting the dismemberment of a body part, or depicting an injured or
deceased individual.
(B)
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 paragraph shall
clearly state that such request is being made for the purpose of preparing to
file and litigate proceedings enumerated in this paragraph.
(C)
The director of the Georgia Bureau of Investigation and the Board of Public
Safety shall promulgate rules and regulations governing the viewing of materials
described in subparagraph (A) of this paragraph by bona fide credentialed
members of the press;"
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.