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HB 529 - Motor vehicle accident reports; prohibit certain public disclosure

Buckner, Gail M (95th)	Holland, Ray (157th)	Snow, Mike (2nd)

Status Summary	HC:	PubS	SC:		FR:	02/09/99	LA:	02/10/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of certain records of the Department of Public Safety, so as to provide that motor vehicle accident reports shall not be subject to public disclosure for a certain period of time; and for other purposes.

HB 529                                             LC 21 5298 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 40-5-2 of the Official Code of Georgia 
  1- 2  Annotated, relating to the keeping of certain records of the 
  1- 3  Department of Public Safety, so as to provide that motor 
  1- 4  vehicle accident reports shall not be subject to public 
  1- 5  disclosure for a certain period of time; to repeal 
  1- 6  conflicting laws; and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Code Section 40-5-2 of the Official Code of Georgia 
  1-10  Annotated, relating to the keeping of certain records of the 
  1-11  Department of Public Safety, is amended by striking in its 
  1-12  entirety subsection (b) and inserting in lieu thereof the 
  1-13  following: 
 
  1-14      "(b)(1) The records maintained by the department on 
  1-15      individual drivers are exempt from any law of this state 
  1-16      requiring that such records be open for public 
  1-17      inspection; provided, however, that, except as otherwise 
  1-18      provided in paragraph (2) of this subsection, initial 
  1-19      arrest reports, accident reports, incident reports, and 
  1-20      the records pertaining to investigations or prosecutions 
  1-21      of criminal or unlawful activity shall be subject to 
  1-22      disclosure pursuant to paragraph (4) of subsection (a) 
  1-23      of Code Section 50-18-72 and related provisions. The 
  1-24      department shall not make records or personal 
  1-25      information available on any driver except as otherwise 
  1-26      provided in this Code section or as otherwise 
  1-27      specifically required by 18 U.S.C. Section 2721. 
 
  1-28      (2) Notwithstanding the provisions of paragraph (1) of 
  1-29      this subsection, accident reports shall be exempt from 
  1-30      any law of this state requiring that such records be 
  1-31      open for public disclosure for a period of 30 days 
  1-32      following the date of the initial report of the 
  1-33      accident. During such period, an  accident report shall 
  1-34      only be disclosed to a person named in the accident 
 
 
 
                                 -1- 
 
 
 
  2- 1      report or to a third party with the written consent of 
  2- 2      any such person." 
 
  2- 3                           SECTION 2. 
 
  2- 4  All laws and parts of laws in conflict with this Act are 
  2- 5  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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