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Bill > HB285
GA HB285
GA HB285Law enforcement agencies; judicial procedure for purging a person's involuntary hospitalization information; provide
summary
Introduced
02/05/2025
02/05/2025
In Committee
03/06/2026
03/06/2026
Crossed Over
Passed
Dead
04/02/2026
04/02/2026
Introduced Session
2025-2026 Regular Session
Bill Summary
AN ACT To amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of the Georgia Crime Information Center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to provide for a judicial procedure for purging a person's involuntary hospitalization information received by the center for the purpose of the National Instant Criminal Background Check System under certain circumstances; to change provisions relating to the retention of a person's involuntary hospitalization information; to provide for related matters; to repeal conflicting laws; and for other purposes.
AI Summary
This bill modifies Georgia law regarding the handling of a person's involuntary hospitalization information in the state's criminal record system. The bill establishes a new judicial procedure that allows individuals who have been involuntarily hospitalized to petition the court to have their mental health information purged from the Georgia Crime Information Center's records. To do this, the person must file a petition in the court where their hospitalization proceedings occurred, and a hearing will be held within 60 days. During the hearing, the court will consider factors such as the circumstances of hospitalization, the person's mental health and criminal history, reputation, and changes in their condition. If the court finds by a preponderance of evidence that the petitioner is not likely to be dangerous to themselves or others, they can order the information removed from the records. The bill specifies that a person cannot file such a petition until 12 months after their discharge from involuntary hospitalization, and cannot file another petition within two years of a previous petition's final order. The goal is to provide a mechanism for individuals to potentially clear mental health-related information from their records while protecting public safety.
Committee Categories
Justice
Sponsors (1)
Last Action
House Committee Favorably Reported (on 03/06/2026)
Bill Topics
Health
- ‐ Mental Illness, Mental Retardation, and Deinstitutionalization
Law, Crime, and Family Issues
- ‐ Court Administration
- ‐ Firearms and Gun Control
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.legis.ga.gov/legislation/69952 | 02/05/2025 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20252026/231489 | 02/05/2025 |
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