SB 154 seeks to amend Part 1 of Article 3 of Chapter 11 of Title 16 and Code Section 17-5-21 of the O.C.G.A. relating to wiretapping, eavesdropping, surveillance, and related offenses and grounds for issuance of search warrant and scope of search pursuant to a search warrant, respectively.
Code Section 16-11-60 is amended through the revision of the term “private place” to mean a place where “there is a reasonably expectation of privacy.”
New subparagraph (d) is added to
paragraph (2) of Code Section 16-11-62 which states that it shall not be
unlawful for a law enforcement officer or his or her agent to use a device to
observe, photograph, videotape, or record the activities of persons that occur
in the presence of such officer or his or her agent.
Code Section 17-5-21 gains revisions
which permit other personnel, sworn or unsworn, acting under the direction of a
peace officer executing a search warrant may assist in the execution of such
warrant.
New paragraph (26.2) is added to subsection (a) of Code Section 50-18-72 which permits certain records to not be required to be publically disclosed, including audio and video recordings from law enforcement devises in a place where there is a reasonable expectation of privacy when there is no pending investigation, provided that the person seeking the audio or video recordings submits a sworn affidavit that attests to the facts necessary to establish eligibity under this paragraph. It further delineates exceptions to this standing, demonstrated in subparagraphs (A) – (F). SB 154 amends O.C.G.A. § 16-11-60 to change the definition of a private place to: "a place where there is a reasonable expectation of privacy." Amends O.C.G.A. § 16-11-62(2) and 17-5-21 to provide for law enforcement officials to record matters occurring in private places or during the execution of a search warrant, respectively. The bill is intended to authorize the use of body cameras by law enforcement officers. |