Also pending is a legal challenge filed by Volusia County Attorney Dan Eckert that questions whether the county, as e custodian of the autopsy photos, acted illegally by restricting access to those materials while they were public record, under the old law. Teresa Earnhardt's most vocal champion in the Legislature has been Senate Majority Leader Jim King, R-Jacksonville, whose district includes parts of Volusia and Flagler counties. The exemption seals all existing and future autopsy photos and audio recordings. The criminal sanction applies only if people are convicted of improperly releasing those materials from Thursday forward. No one is in danger of being prosecuted for releasing photos in the past.
Similar legislation is pending in several states, including Georgia and South Carolina.