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GA HB950
Bill
Status
Introduced
2/19/2020
Primary Sponsor
Gregg Kennard
Click for details
AI Summary
- Criminal history record information, including fingerprints and photographs, would be automatically restricted from public access upon arrest and remain restricted until a prosecuting attorney issues or secures an indictment, accusation, or other formal charging instrument
- For arrests occurring on or before June 30, 2020, the center may make records publicly available if it has sufficient basis to believe a charging instrument was issued; for arrests on or after July 1, 2020, the prosecuting attorney must notify the accused or their attorney by first-class mail within 7 days of notifying the center
- Eliminates the prior tiered waiting periods for automatic restriction of arrest-only records (2 years for misdemeanors, 4 years for most felonies, 7 years for serious violent felonies) by instead restricting records immediately at the time of arrest
- Retains existing provisions requiring restriction of records after an indictment or accusation when charges are dismissed, nolle prossed, or the individual is acquitted, or when the individual successfully completes drug court, mental health, or veterans treatment programs
- Amends Code Section 35-3-37 of the Official Code of Georgia Annotated, restructuring the record restriction framework from a disposition-based system to one that defaults to restriction unless formal charges are filed
Legislative Description
Law enforcement officers and agencies; revise the handling of arrest-only criminal history record information
Last Action
House Second Readers
2/21/2020
Full Bill Text
No bill text available