Georgia House Passes Meredith Emerson Memorial Privacy Act

ATLANTA (March 16, 2010) – The Georgia House of Representatives passed House Bill 1322 today by a vote of 163-0. Sponsored by Representative Jill Chambers (R-North DeKalb), HB 1322 prevents the dissemination of graphic images of the genitalia, dismemberment or decapitation of a crime victim. 

“The Open Records Act was never intended to allow dissemination of crime victim photos for the purpose of sensationalism or prurient interests,” said Representative Chambers. “The passage of this legislation will prohibit the exploitation of crime victims while providing fair access to the press.”

The release of crime scene photos will require the approval of the deceased victim’s next of kin or a ruling by a superior court judge to grant public disclosure. News media will be able to view photos under rules and regulations determined by the Georgia Bureau of Investigations.

The desire to change legislation comes as a reporter for Hustler magazine made an Open Records request to the Georgia Bureau of Investigation for photos depicting the nude and decapitated body of Meredith Emerson. Emerson was murdered in 2008 after hiking in the North Georgia Mountains. 
The Georgia Bureau of Investigation contacted Georgia Speaker of the House David Ralston and Representative Jill Chambers to inform them of the request. The Speaker then urged that the GBI deny the request. In the meantime, the Emerson family was awarded a temporary restraining order barring the release of the photos by DeKalb Superior Court Judge Dan Coursey.

A link to HB 1322 can be found by clicking here. The bill was immediately transmitted to the Senate. This bill will become effective upon signature of the Governor.