Bill Text: GA HB478 | 2011-2012 | Regular Session | Introduced

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Bill Title: Georgia Crime Information Center; certain criminal records restricted from public disclosure; provide

Sponsorship: Partisan Bill (Democrat 6)

Status: (Introduced - Dead) 2011-03-08 - House Second Readers [HB478 Detail]

Download: Georgia-2011-HB478-Introduced.html

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11 LC 21 1149

House Bill 478

By: Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Beasley-Teague of the 65th, Fludd of the 66th, Williams of the 89th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that the criminal record of a person convicted of a misdemeanor or a nonviolent felony who has been released from custody for a period of two years without a further conviction shall be restricted from public disclosure; to provide for notification to local agencies; to provide for action to enforce such restriction; to provide that a person whose criminal record is restricted shall not be obligated to reveal such prior criminal information; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding a new Code section to read as follows:

"35-3-37.1

(a) Access to the criminal record history information of an individual convicted of a misdemeanor or a felony other than a serious violent felony, as such term is defined in Code Section 17-10-6.1, and who has been released from custody for a period of two years with no further misdemeanor or felony conviction shall be restricted, including criminal history record information from county or municipal jails and detention centers and any fingerprints or photographs of such individual.

(b) The center shall notify the arresting law enforcement agency, any other appropriate law enforcement agency, and the clerk of court's office of any criminal history record information to which access has been restricted pursuant to this Code section within 30 days of the date access to such information is restricted. Upon receipt of notice from the center that access to information has been restricted, the arresting law enforcement agency, any other law enforcement agency, and the clerk of court's office, including county and municipal jails and detention centers, shall, within 30 days, restrict access to all such information maintained by such entities for such individual's offense. Records for which access is restricted pursuant to this subsection shall be made available only to criminal justice officials upon written application for official judicial law enforcement or criminal investigative purposes.

(c) If the arresting law enforcement agency, other law enforcement agency, or clerk of court's office declines to restrict access to such criminal history record information, the individual may file an action in the superior court where the arresting law enforcement agency, other law enforcement agency, or clerk of court's office is located as provided in Code Section 50-13-19. A decision of the agency shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in subsection (a) of this Code section. Any such action shall be served upon the arresting law enforcement agency, other law enforcement agency, clerk of court's office, the center, the prosecuting attorney having jurisdiction over the offense sought to be restricted, and the Attorney General who may become parties to the action. The court in its discretion may award reasonable court costs, including attorney's fees, to the individual if he or she prevails in the appellate process.

(d) It shall be the duty of the arresting law enforcement agency, other law enforcement agency, clerk of court's office, county or municipal jails and detention centers, and any other entity to take such action as may be reasonable to prevent disclosure of information to the public which would identify any individual whose criminal history record information was restricted.

(e) Any individual whose criminal history record information is restricted pursuant to this Code section shall not have to disclose the fact of the arrest, record, or any matter relating thereto on an application for employment."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.