The Meredith Emerson Memorial Privacy Act
By Sen. Bill Hamrick
One of the most significant aspects of being a state lawmaker is our ability to produce change. We can create laws that take initiative and create new opportunities or we can mend the problems of our state. Sadly, Georgia and much of the nation have recently been exposed to a serious problem and it is time for the government to step in and prevent further pain to the family of a crime victim. As many of you know, Hustler, a controversial adult magazine, requested copies of information through the Georgia Open Records Act relating to the January 2008 murder of Meredith Emerson.
Meredith, a native of Buford and a University of Georgia graduate was abducted while hiking on the Appalachian Trail in North Georgia. She was then brutally murdered. Sadly, we cannot undo the damage and hurt caused by such a horrendous criminal act but when Hustler requested the crime scene photos of Meredith’s murder, we knew we must do everything in our power to protect her and her family from further pain.
The release of the photos is an unquestionable offence to Meredith and to her family. State lawmakers reacted with swift force to generate and pass a law that will block the release of crime scene photos that depict mutilated bodies and/or nude bodies.
This legislation, House Bill 1322 is also known as the Meredith Emerson Memorial Privacy Act. It is an honor to carry HB 1322 in Meredith’s honor, it is a travesty that legislation like this is even necessary. The privacy of a family grieving over such a traumatic loss of a loved one should be sacred and untouchable, especially by an adult magazine that could use the photos for inappropriate purposes.
We are nearing the end of session when there is a constant stream of legislation in committee meetings and on the Senate floor. I will keep you updated on major legislation as we work to make Georgia a better state. As always, I am proud to serve as your state senator and will continue to work on your behalf throughout the remainder of session and the year. Please continue to contact me with your concerns and questions at either 404.656.0036 or bill.hamrick@senate.ga.gov.
Sen. Bill Hamrick serves as Chairman of the Banking and Financial Institutions Committee. He represents the 30th Senate District which includes portions of Carroll, Douglas, and Paulding counties. He may be reached at 404.656.0036 or via e-mail at bill.hamrick@senate.ga.gov.
COLUMN
For Immediate Release:
March 26, 2010
For Information Contact:
Natalie Strong, Deputy Director
Katie Wright, Communications Associate
katie.wright@senate.ga.gov
404.656.0028
One of the most significant aspects of being a state lawmaker is our ability to produce change. We can create laws that take initiative and create new opportunities or we can mend the problems of our state. Sadly, Georgia and much of the nation have recently been exposed to a serious problem and it is time for the government to step in and prevent further pain to the family of a crime victim. As many of you know, Hustler, a controversial adult magazine, requested copies of information through the Georgia Open Records Act relating to the January 2008 murder of Meredith Emerson.Meredith, a native of Buford and a University of Georgia graduate was abducted while hiking on the Appalachian Trail in North Georgia. She was then brutally murdered. Sadly, we cannot undo the damage and hurt caused by such a horrendous criminal act but when Hustler requested the crime scene photos of Meredith’s murder, we knew we must do everything in our power to protect her and her family from further pain.
The release of the photos is an unquestionable offence to Meredith and to her family. State lawmakers reacted with swift force to generate and pass a law that will block the release of crime scene photos that depict mutilated bodies and/or nude bodies.
This legislation, House Bill 1322 is also known as the Meredith Emerson Memorial Privacy Act. It is an honor to carry HB 1322 in Meredith’s honor, it is a travesty that legislation like this is even necessary. The privacy of a family grieving over such a traumatic loss of a loved one should be sacred and untouchable, especially by an adult magazine that could use the photos for inappropriate purposes.
We are nearing the end of session when there is a constant stream of legislation in committee meetings and on the Senate floor. I will keep you updated on major legislation as we work to make Georgia a better state. As always, I am proud to serve as your state senator and will continue to work on your behalf throughout the remainder of session and the year. Please continue to contact me with your concerns and questions at either 404.656.0036 or bill.hamrick@senate.ga.gov.
Sen. Bill Hamrick serves as Chairman of the Banking and Financial Institutions Committee. He represents the 30th Senate District which includes portions of Carroll, Douglas, and Paulding counties. He may be reached at 404.656.0036 or via e-mail at bill.hamrick@senate.ga.gov.
COLUMN
For Immediate Release:
March 26, 2010
For Information Contact:
Natalie Strong, Deputy Director
Katie Wright, Communications Associate
katie.wright@senate.ga.gov
404.656.0028
Posted March 29th, 2010 in Bill Hamrick, Senate Press Release. Tagged: The Meredith Emerson Memorial Privacy Act.
Some of the provisions of HB 1322:
Georgia House Passes Meredith Emerson Memorial Privacy Act
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.Read more in The Weekly.
“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.”
Some of the provisions of HB 1322:
(2) Subject to the provisions of paragraph (3) of this subsection, in the case of closed criminal investigations a superior court may order the disclosure of such photographs or video recordings upon findings in writing that disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased person’s next of kin. In making such determination, the court shall consider whether such disclosure is necessary for public evaluation of governmental performance, the seriousness of the intrusion into the family’s right to privacy, and whether such disclosure is the least intrusive means available considering the availability of similar information in other public records. In any such action, the court shall review the photographs in question in camera with the custodian of crime scene materials present and may condition any disclosure on such condition as the court may deem necessary to accommodate the interests of the parties.
(3) Prior to releasing any crime scene material described in paragraph (1) of this subsection, the custodian of such material shall give the deceased person’s next of kin at least two weeks’ notice. No court shall order a disclosure pursuant to paragraph (2) of this subsection which would disregard or shorten the duration of such notice requirement.
March 10, 2010Meredith Family Statement
FOR IMMEDIATE RELEASESTATEMENT FOR THE EMERSON FAMILYOn behalf of our family and friends, we would like to extend our sincerest gratitude for the overwhelming support during this troubling time of protecting Meredith from exploitation and victimization of which, like so many, she does not deserve.
AS NEXT OF KIN FOR MEREDITH EMERSON
Meredith was a daughter, a friend, and a mentor to many. She lived life to its fullest and was taken from us deliberately and maliciously. Her family and friends live everyday with this tragedy and to know that the possibility of any images, other than those that portray the beautiful, young woman we knew, could be disclosed to the public or may be published would bring further stress and unnecessarily added grief over what is already too much sadness to bear.
Meredith felt the need to make a difference in our world and we feel she has been given the chance to do just that by ensuring the privacy and protection of other unfortunate victims and their families along with her own. We would like to convey our deepest regards to the many legislators and advocates, including House Speaker David Ralston (R-Blue Ridge) and State Representative Jill Chambers (R-Atlanta), who represent the State of Georgia and its caring and understanding citizens for drafting and presenting the Meredith Emerson Privacy Act. We would also like to pay special thanks to John Cagle for his tireless fight for Meredith and our family. We believe this law and everyone’s efforts will honor Meredith and shield future victims from attempts of shameless exploitations.
Knowing that so many are sending their love and support, whether strangers or those who knew and loved Meredith, give us the strength to continue to battle the heartache of losing her so suddenly.
We ask that you please respect our privacy as events unfold during this difficult time. Thank you for your kind thoughts, prayers and actions that have kept Meredith’s memory and her soul alive and vibrant.
Dave, Susan and Mark
