Section 35-1-23 - Law enforcement agencies required to enter certain information into federal Violent Criminal Apprehension Program; removal of information; applicability(a) As used in this Code section, the term "data base" means the national data base of the Violent Criminal Apprehension Program established and maintained by the Federal Bureau of Investigation or a successor data base.(b) Each law enforcement agency in this state shall request access from the Federal Bureau of Investigation to enter information into the data base.(c) Each law enforcement agency that investigates a homicide or attempted homicide in which the actions of the perpetrator are known or suspected to be serial in nature or are random or sexually oriented; a rape, aggravated sodomy, or aggravated assault with the intent to rape in which the actions of the perpetrator are known or suspected to be serial in nature or in which the assault was committed by a stranger; a missing person case in which the circumstances indicate a strong possibility of foul play; or a case involving unidentified human remains from a known or suspected homicide shall enter into the data base the following information regarding such investigation, as available:(1) The name and date of birth of the alleged perpetrator;(2) The specific crime being investigated;(3) A description of the manner in which the crime was committed, including any pattern of conduct occurring during the course of multiple crimes suspected to have been committed by the alleged perpetrator; and(4) Any other information required by the Federal Bureau of Investigation for inclusion in the data base. Such information shall be updated with any new developments in the investigation every 60 days thereafter.
(d)(1) Any individual who was deemed an alleged perpetrator and who had any information collected pursuant to subsection (c) of this Code section may seek removal of such information by:(A) Submitting a request in writing for the removal of all such information, along with all supporting documentation regarding such request, to the investigating law enforcement agency; or(B) If the investigating law enforcement agency denies the request to remove such information, the individual may file a petition of removal with the superior court in the jurisdiction of the investigating law enforcement agency.(2) In considering a petition of removal pursuant to this subsection, the court shall consider: (A) Any evidence introduced by the petitioner;(B) Any evidence introduced by the investigating law enforcement agency of the jurisdiction where the petition is filed; and(C) Any other relevant evidence.(3) The court shall order a hearing on the petition if requested by the petitioner. The court may issue an order removing the petitioner's name and information from the data base if the court finds by a preponderance of the evidence that the petitioner's information should be removed from the data base. The court shall send a copy of any order directing the removal of the petitioner's name and information from the data base to the investigating law enforcement agency.(e) Information entered into the data base under this Code section shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50.(f) This Code section shall apply to any pending investigation of an allegation of rape, aggravated sodomy, or aggravated assault with intent to rape, regardless of whether the investigation was commenced before, on, or after July 1, 2021.(g) This Code section shall not apply to offenses when the victim is at least 14 but less than 16 years of age and the offender is 18 years of age or younger and is not more than four years older than the victim.Added by 2021 Ga. Laws 251,§ 5, eff. 7/1/2021.