Georgia lawmakers propose bill to regulate release of mugshots for unconvicted individuals

In a recent meeting of the Georgia State Legislature's Judiciary Non-Civil Committee, significant discussions centered around two proposed bills aimed at reforming mental health and criminal justice processes. These discussions highlighted the need for procedural changes to protect individuals' rights and address public safety concerns.

One of the primary topics was a bill addressing the automatic purging of criminal background checks for individuals who have been involuntarily committed to mental health facilities. Currently, Georgia is the only state that allows a computer system to automatically remove these individuals from the criminal background list after five years without any formal process. Advocates argue that this lack of oversight can lead to dangerous situations, as many individuals may not be ready to safely handle firearms after their commitment. The proposed legislation would require individuals to petition the court that committed them to have their names removed from the list, ensuring a more thorough evaluation of their mental health status before regaining access to firearms.

The bill's sponsor emphasized that this change is not about being anti-gun but rather about ensuring that individuals who purchase firearms are mentally fit and do not pose a risk to themselves or others. The statistics presented during the meeting indicated that approximately 300 people are involuntarily committed each year, with a significant percentage being purged from the list without any review process. This raises concerns about public safety, particularly in rural areas where community knowledge of individuals' mental health histories may be limited.

The second major discussion focused on a bill aimed at protecting individuals who have been arrested but not convicted from the exploitation of their arrest booking photos, commonly known as mugshots. The proposed legislation would prevent law enforcement from releasing these photos to the public or to pay-for-removal websites unless the individual has been convicted. This measure seeks to curb the predatory practices of companies that profit from publishing mugshots and charging individuals for their removal, often leading to a cycle of financial exploitation.

Supporters of this bill, including representatives from the ACLU, highlighted a recent Ninth Circuit Court ruling that deemed the public posting of mugshots as unconstitutional pretrial punishment. The ACLU's endorsement of the bill underscores the importance of balancing public access to information with the protection of individual rights, particularly in cases where individuals have not been convicted of a crime.

As these bills progress through the legislative process, they reflect a growing recognition of the need for reform in both mental health and criminal justice systems in Georgia. The outcomes of these discussions could have lasting implications for the rights of individuals facing mental health challenges and those who have been arrested but not convicted, emphasizing the importance of due process and public safety in legislative decisions.