07 LC 36
0583ERS
The
Senate Special Judiciary Committee offered the following substitute to SB
30:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to invasions of privacy, so as to prohibit certain uses of
the names, portraits, or pictures of members of the armed forces of the United
States; to provide a penalty; to provide an exception; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating
to invasions of privacy, is amended by adding a new Part 3 to read as
follows:
"Part
3
16-11-90.
In
addition to any other remedy provided by law, any person, firm, or corporation
that intentionally uses:
(1)
For the purpose of advertising for the sale of any goods, wares, or
merchandise;
(2)
For the solicitation of patronage by any business; or
(3)
In connection with the sale of any goods, services, wares, or merchandise, the
name or personally identifiable portrait or picture of any current or deceased
member of the armed forces of the United States, when they have direct or
constructive knowledge that such person is or was a member of the armed forces,
without having obtained, prior or subsequent to such use, the consent of the
member or, if the member is deceased, without the consent of the personal
representative or personal representatives or, where no personal representatives
exists, a majority of the adult heirs of the deceased member and after having
been requested by any such member, representative, or heirs to cease such
advertising, solicitation, or sale, shall be guilty of a misdemeanor of a high
and aggravated nature. Such request to cease shall be in writing and delivered
by statutory overnight carrier or by certified or registered mail. The use of
any such name, portrait, or picture that is in the public domain shall not be a
violation of this Code section."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.