A measure pending in the Georgia House of Representatives would keep some law enforcement recordings from the public indefinitely.
House Bill 1223 addresses audio and video recordings captured by law enforcement officers, specifically in instances where a person in the video dies. It would create a new exception under the Georgia Open Records Act, a sunshine law on Georgia’s books which affords a pathway for the public to obtain government records.
The new exception would apply to audio, video, and images of a deceased person, the actions leading up to a person’s death, or footage which would depict a person “in distress just prior to death.” The definition of distress is not listed in the bill.
HB 1223 is sponsored by State Representatives Joseph Gullett, Martin Momtahan, Clint Crowe, Angie O’Steen, Tangie Herring, and Yasmin Neal. Herring and Neal are Democrats while the remaining four are Republicans.
The bill also outlines a handful of individuals who would be able to obtain the recordings, including:
- A duly appointed representative of a deceased’s estate when the decedent was depicted or heard on such recording
- A parent or legal guardian of a minor depicted or heard on such recording
- An accused in a criminal case when, in the good faith belief of the accused, such recording is relevant to his or her criminal proceeding
- A party to a civil action when, in the good faith belief of such party, such recording is relevant to the civil action
- An attorney for any of the persons identified in the previous bullet points
- An attorney for a person who may pursue a civil action when, in the good faith belief of such attorney, such recording is relevant to the potential civil action
The language states that the recordings could also be ordered to be released by a court.
The bill’s lead sponsor, Joseph Gullett, told Fox5 Atlanta the intent of the bill is not “to restrict solving a crime.” “We’re trying to just make sure in someone’s final moments, they have some dignity in their life and in their death.”
One of the most controversial components of the proposal is the consideration that a person accused of a crime could have to make the case that the recording is relevant to his/her criminal proceeding in order for the footage to be released to them. Current law does not present such hurdles.
Additionally, the measure would keep the public from ever having access to officer-involved shootings. Interestingly, however, is the notion that there are law enforcement agencies that proactively release body camera footage to the public following use of force incidents. If HB 1223 were to become law, the bill would bar even the agencies who wish to release the body camera footage voluntarily.
The bill has been assigned to the House Judiciary committee. You can read it here.
