SB 177 seeks to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the O.C.G.A. relating to wiretapping, eavesdropping, surveillance, and related offenses.

            The bill adds new subparagraph (D) which reads “For a law enforcement officer to use a device as provided for in Code Section 35-1-20 in the performance of his or her official duties pursuant to conducting a traffic stop or responding to an emergency call or situation.”

            New Code Section 35-1-20 is added which delineates entities which may equip a peace officer who conducts traffic stops or responds to emergency dispatch calls as his or her primary duty with an audio video recording device attached to his or her person. Such recordings shall be public records upon the filing or delivery of a written complain of any nature to the law enforcement agency or review board for such law agency by various delineated persons. Any such person may seek leave of any superior court of competent jurisdiction to conceal identifying characteristics, nudity of persons, or such other depictions contained within such audio and video recordings prior to public release. The judge may grant such discretion for good cause. The court may hold a hearing to hear argument from the parties involved; provided, however, that any hearing and a decision from the court shall be conducted and rendered in an expedited manner. Except for portions depicting an encounter for a law enforcement purpose, such recordings shall not be publically disclosed. Any entity which equips its officers with such devices shall develop and maintain policies for the use of such devises, including but not limited to the terms of activation and deactivation of such devices. Such recordings shall be retained for a period of 3 years from the date of recording.