2020 Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 3 - Georgia Bureau of Investigation
Article 2 - Georgia Crime Information Center
§ 35-3-33. Powers and Duties of Center Generally

1. The center shall:
   1. Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who:
      1. Have been or are hereafter arrested or taken into custody in this state:
         1. For an offense which is a felony;
         2. For an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, dangerous drugs, marijuana, narcotics, firearms, dangerous weapons, explosives, pandering, prostitution, sexual offenses where children are victims, or worthless checks;
         3. For an offense charged as disorderly conduct but which relates to an act connected with one or more of the offenses under division (ii) of this subparagraph;
         4. As a fugitive from justice; or
         5. For any other offense designated by the Attorney General;
      2. Are or become career criminals, well-known offenders, or habitual offenders;
      3. Are currently or become confined to any prison, penitentiary, or other penal institution;
      4. Are unidentified human corpses found in this state;
      5. Are children who are charged with an offense that if committed by an adult would be a felony or are children whose cases are transferred from a juvenile court to another court for prosecution; or
      6. Are individuals for whom fingerprint based criminal history checks are authorized by this state's or federal law for the purpose of determining suitability or fitness for employment, placement, registration, a permit, or a license for an agency or qualified entity which is participating in the federal program that allows an ongoing and continuing review of such individual's criminal history; provided, however, that such fingerprints shall be retained and maintained securely and separately from records relating to the identification of criminals, and provided, further, that the center shall not file or retain fingerprints submitted for the purpose of obtaining or renewing a weapons carry license, as such term is defined in Code Section 16-11-125.1;
   2. Compare all fingerprint and other identifying data received with those already on file and, whether or not a criminal record is found for a person, at once inform the requesting agency or arresting officer of such facts as may be disseminated consistent with applicable security and privacy laws and regulations. A log shall be maintained of all disseminations made of each individual criminal history including at least the date and recipient of such information;
   3. Provide a uniform crime reporting system for the periodic collection, analysis, and reporting of crimes reported to and otherwise processed by any and all law enforcement agencies within the state, as defined and provided for in this article;
   4. Periodically conduct audits of crime reporting practices of criminal justice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting of criminal arrests, dispositions, and custodial information;
   5. Develop, operate, and maintain an information system which will support the collection, storage, retrieval, and dissemination of all crime and offender data described in this article consistent with those principles of scope, security, and responsiveness prescribed by this article;
   6. Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards, and related training assistance necessary for the uniform operation of the center;
   7. Offer assistance and, when practicable, instruction to all criminal justice agencies in establishing efficient local records systems;
   8. Compile statistics on the nature and extent of crime in the state and compile other data related to planning for and operating criminal justice agencies, provided that such statistics do not identify persons, and make available all such statistical information obtained to the Governor, the General Assembly, and any other governmental agencies whose primary responsibilities include the planning, development, or execution of crime reduction programs. Access to such information by the latter governmental agencies will be on an individual, written request basis wherein must be demonstrated a need to know, the intent of any analyses, dissemination of such analyses, and any security provisions deemed necessary by the center;
   9. Periodically publish in print or electronically statistics, no less frequently than annually, that do not identify persons and report such information to the Governor, the General Assembly, state and local criminal justice agencies, and the general public. Such information shall accurately reflect the level and nature of crime in the state and the operations in general of the different types of agencies within the criminal justice system;
   10. Make available, upon request, to all local and state criminal justice agencies, all federal criminal justice agencies, and criminal justice agencies in other states any information in the files of the center which will aid these agencies in the performance of their official duties, including but not limited to final disposition of offenses; sentencing information and conditions; orders modifying an earlier disposition; orders relating to probation, including modification, tolling, completion of active probation supervision, termination, revocation, or completion of orders entered pursuant to Article 3 of Chapter 8 of Title 42; and orders relating to parole, including modification, tolling, termination, and revocation. For this purpose the center shall operate on a 24 hour basis, seven days a week. Such information when authorized by the council may also be made available to any other agency of the state or political subdivision of the state and to any other federal agency upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders;
   11. Cooperate with other agencies of the state, the crime information agencies of other states, and the Uniform Crime Reports and National Crime Information Center systems of the Federal Bureau of Investigation in developing and conducting an interstate, national, and international system of criminal identification, records, and statistics;
   12. Provide the administrative mechanisms and procedures necessary to respond to those individuals who file requests to view their own records as provided for in this article and to cooperate in the correction of the central center records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of the individual;
   13. Institute the necessary measures in the design, implementation, and continued operation of the criminal justice information system to ensure the privacy and security of the system. This will include establishing complete control over use and access of the system and restricting its integral resources and facilities to those either possessed or procured and controlled by criminal justice agencies as defined in this article. Such security measures must meet standards to be set by the council as well as those set by the nationally operated systems for interstate sharing of information;
   14. Provide availability, by means of data processing, to files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property, and such other files as may be of general assistance to criminal justice agencies;
   15. Receive and process fingerprints from the Supreme Court of Georgia Office of Bar Admissions for the purpose of determining whether or not an applicant for admission to the State Bar of Georgia has a criminal record. The processing shall include submission of fingerprints to the Georgia Bureau of Investigation and the Federal Bureau of Investigation for comparison to each of their respective files and data bases;
   16. Provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 21-2-231, without charge and in the electronic format requested;
   17. Notify the appropriate clerk of court that a defendant has completed his or her first offender sentence or was exonerated of guilt and discharged pursuant to subsection (g) of Code Section 42-8-60 within five days of such completion or exoneration;
   18. Submit fingerprints obtained pursuant to subparagraph (F) of paragraph (1) of this subsection to the Federal Bureau of Investigation for retention under the rules established by the United States Department of Justice for processing and identification of records. Such fingerprints shall be searched by future submissions to the Federal Bureau of Investigation and the center shall send appropriate responses to submitting and subscribing entities;
   19. Remove fingerprints obtained pursuant to subparagraph (F) of paragraph (1) of this subsection within ten days of being notified that an individual whose fingerprints were retained under such program is no longer employed by, volunteering for, placed by, or registered, licensed, or permitted by the participating agency or qualified entity. It shall also remove such fingerprints when such agency or qualified entity is no longer participating in such program. The center shall also notify the Federal Bureau of Investigation of such information; and
   20. Be authorized to charge an annual subscriber fee not to exceed $500.00 to any entity which is not a state agency that desires to participate in the program described in subparagraph (F) of paragraph (1) of this subsection.
2. Criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy, processed under purpose code "E", of the criminal history record information of an applicant for employment.
3. The provisions of this article notwithstanding, information and records of children shall only be inspected and disclosed as provided in Code Sections 15-11-702 and 15-11-708. Such records and information shall be sealed or destroyed according to the procedures outlined in Code Sections 15-11-701 and 15-11-709.

(Ga. L. 1973, p. 1301, § 3; Ga. L. 1976, p. 617, § 5; Ga. L. 1980, p. 394, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1982, p. 952, §§ 2, 4; Ga. L. 1984, p. 22, § 35; Ga. L. 1986, p. 513, § 1; Ga. L. 1992, p. 6, § 35; Ga. L. 1998, p. 842, § 7; Ga. L. 2000, p. 20, § 21; Ga. L. 2000, p. 1549, § 1; Ga. L. 2003, p. 334, § 2; Ga. L. 2007, p. 43, § 1/SB 62; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2013, p. 294, § 4-44/HB 242; Ga. L. 2014, p. 451, § 11/HB 776; Ga. L. 2016, p. 443, § 6B-2/SB 367; Ga. L. 2016, p. 864, § 35/HB 737; Ga. L. 2017, p. 622, § 2/SB 95; Ga. L. 2018, p. 507, §§ 1A-1, 1A-2/SB 336.)

The 2017 amendment, effective July 1, 2017, substituted "Code Section 21-2-231" for "Code Sections 15-12-40.1 and 21-2-231" in paragraph (a)(16).

The 2018 amendment, effective July 1, 2018, deleted "or" at the end of subparagraph (a)(1)(D), added "or" at the end of subparagraph (a)(1)(E), and added subparagraph (a)(1)(F); deleted "and" at the end of paragraph (a)(16); substituted a semicolon for a period at the end of paragraph (a)(17); and added paragraphs (a)(18) through (a)(20).

- Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."

- For article, "Should Georgia Change Its Misdemeanor Arrest Laws to Authorize Issuing More Field Citations? Can Alternative Arrest Process Help Alleviate Georgia's Jail Overcrowding and Reduce the Time Arresting Officers Expend Processing Nontraffic Misdemeanor Offenses?," see 22 Ga. St. U.L. Rev. 313 (2005). For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018). For note on the 2003 amendment to this Code section, see 20 Ga. St. U. L. Rev. 175 (2003).

Cited in Kinney v. State, 223 Ga. App. 418, 477 S.E.2d 843 (1996); Gay v. Owens, 292 Ga. 480, 738 S.E.2d 614 (2013).

ANALYSIS

• General Consideration
• Fingerprintable Offenses Illustrated
• Disclosure

General Consideration

Recording of crimes necessary to establish and maintain uniform system.

- This article empowers the Georgia Crime Information Center to record crime as the center deems necessary to establish and maintain a uniform system of crime reporting. 1976 Op. Att'y Gen. No. 76-33.

- Center limits the center's gathering of data to information concerning arrests and convictions. 1976 Op. Att'y Gen. No. 76-11.

For updates of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file identifying data, see 1995 Op. Att'y Gen. Nos. 95-15, 95-16, 95-17, and 95-37; 1996 Op. Att'y Gen. No. 96-17; 1991 Op. Att'y Gen. No. 91-35.

For an update of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints, see 1997 Op. Att'y Gen. No. 97-33; 1999 Op. Att'y Gen. No. 99-17.

- Center is authorized to maintain records of reported crime and, in some instances, to record information identifying persons charged with the commission of crime; however, the center is not generally authorized to maintain records identifying persons charged with disorderly conduct. 1976 Op. Att'y Gen. No. 76-33.

- This article requires persons in charge of law enforcement agencies to obtain fingerprints each time a person is arrested or taken into custody and to forward such prints to the center. 1975 Op. Att'y Gen. No. U75-34.

Metropolitan Atlanta Crime Commission should not be considered a governmental agency in the context of paragraph (a)(8) of O.C.G.A. § 35-3-33. 1982 Op. Att'y Gen. No. 82-57.

- Person who has been placed on or discharged from first offender probation is in a disposition to be accurately recorded, maintained, and reported by the center. 1975 Op. Att'y Gen. No. 75-110.

Fingerprintable Offenses Illustrated

Updating of crimes and offenses for which Georgia Crime Information Center is authorized to collect and file fingerprints.

- Pursuant to authority granted to the Attorney General in O.C.G.A. § 35-3-33(a)(1)(A)(v), any misdemeanor offenses arising under O.C.G.A. §§ 16-11-130.2, 16-11-90(b),16-8-14.1(a),16-8-22, and33-24-53, are designated as ones for which those charged are to be fingerprinted. 2014 Op. Att'y Gen. No. 2014-2.

Pursuant to authority granted to the Attorney General in O.C.G.A. § 35-3-33(a)(1)(A)(v), any misdemeanor offenses arising under O.C.G.A. § 7-1-696 and O.C.G.A. § 7-1-709, are not at this time designated as ones for which those charged are to be fingerprinted. 2014 Op. Att'y Gen. No. 2014-2.

Fingerprintable offenses designated see 1979 Op. Att'y Gen. No. 79-56.

- Hunting on the land of another without permission is not designated as an offense for which those charged with a violation must be fingerprinted, except to the extent mandated by statute. 1987 Op. Att'y Gen. No. 87-21.

Violation of any of the provisions of the Georgia Animal Protection Act, O.C.G.A. T. 4, C. 11, are offenses for which those charged with a violation are to be fingerprinted. 1986 Op. Att'y Gen. No. 86-30.

- Manufacture, distribution, or possession with intent to distribute products which resemble the appearance of controlled substances or which otherwise would lead a reasonable person to believe that the products would have an effect similar to those of controlled substances is designated as an offense for which persons charged with a violation are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

Driving under the influence of alcohol or drugs, in violation of O.C.G.A. § 40-6-391, is an offense for which persons charged with a violation are to be fingerprinted. 1986 Op. Att'y Gen. No. 86-30.

Operating watercraft while under the influence of alcohol or drugs, in similar terms as those which apply to the operation of motor vehicles, is an offense for which those charged with a violation are to be fingerprinted. 1986 Op. Att'y Gen. No. 86-30.

Using a law enforcement vehicle for personal use, unless the colored lights and lettering have been removed, is an offense for which those charged with a violation are to be fingerprinted. 1986 Op. Att'y Gen. No. 86-30.

Using trucks whose suspension system has been altered in excess of the limitations set forth in O.C.G.A. § 40-8-6.1 is an offense for which persons charged with a violation shall be fingerprinted. 1986 Op. Att'y Gen. No. 86-30.

- Offense in O.C.G.A. § 40-8-73.1, which provides that a resident who operates a motor vehicle in this state that has material applied to the windshield or front windows that restricts the amount of light entering the vehicle shall be guilty of a misdemeanor, is designated as an offense for which persons charged with a violation shall be fingerprinted. 1984 Op. Att'y Gen. No. 84-44.

- Offense set forth in O.C.G.A. § 40-6-225, which prohibits the improper use of a handicapped parking space, permit, or license plate, does not fall within any of the categories set forth by the General Assembly requiring fingerprinting, and the Attorney General has not so designated that offense. 1984 Op. Att'y Gen. No. 84-44.

- Failure of persons involved in a vehicle accident resulting in death, injury, or property damage to stop and remain at the scene of the accident is an offense for which persons charged are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

Placing waste materials in a public sewer system without the express written permission of the governmental body which owns the system is an offense for which those charged with a violation are to be fingerprinted. 1986 Op. Att'y Gen. No. 86-30.

- Violation of O.C.G.A. § 52-7-8.1, which prohibits the discharge of sewage from vessels on certain specified lakes, is not designated as an offense for which those charged with a violation are to be fingerprinted. 1990 Op. Att'y Gen. No. 90-22.

- Failure of an embalmer, funeral director, or other such person to be given notice after a person has been diagnosed as having certain diseases is not an offense for which the person who failed to make the notice is to be fingerprinted. 1986 Op. Att'y Gen. No. 86-30.

Hunting of alligators outside season and in excess of statutory limits is designated as an offense for which those charged with a violation are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

Knowingly and willfully destroying, altering, or falsifying patient's health record with intent to conceal a material fact relating to a potential claim or cause of action is designated as an offense for which persons charged with a violation are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

- Violation of O.C.G.A. § 16-9-5, which prohibits the manufacture, sale, distribution, or possession of a counterfeit or false proof of insurance document, is designated as an offense for which persons charged with a violation shall be fingerprinted. 1990 Op. Att'y Gen. No. 90-22.

Performance, display, or exhibit of specified sexual acts or portions of human body on premises licensed to sell or dispense alcoholic beverages for consumption on the premises is designated as an offense for which persons charged are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

Operation of a "bath house" is an offense for which persons charged are to be fingerprinted. 1986 Op. Att'y Gen. No. 86-30.

- Failure of applicants for rezoning actions and local government officials and their families to disclose campaign contributions or other gifts is an offense for which persons charged with a violation are to be fingerprinted. 1986 Op. Att'y Gen. No. 86-30.

- Violation of O.C.G.A. § 16-5-23.1, which establishes the offense of battery, is an offense for which those charged with a violation are to be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

- Violation of the offense defined by O.C.G.A. § 16-6-22.1, which defines "sexual battery," is designated as an offense for which those charged with a violation are to be fingerprinted. 1990 Op. Att'y Gen. No. 90-22.

- Offense of "cruising" in a merchant's parking area is an offense for which those charged with a violation are to be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

- Failure of persons selling or renting video movies to display the official rating of the motion picture on the covering of the video movie is not designated as an offense which requires that persons charged with its violation be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

Operation of credit repair services organization is an offense for which those charged with a violation are to be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

- Violation of O.C.G.A. § 42-4-13(c), which provides that it is a misdemeanor for an inmate of a jail to possess any alcoholic beverage, is not designated as an offense for which those charged with a violation are to be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

- Provision of cigarettes or other tobacco products to minors, and the possession of tobacco products by minors, are not designated as offenses which require fingerprinting. 1987 Op. Att'y Gen. No. 87-21.

- Offenses prohibited in O.C.G.A. §§ 26-4-80 and26-4-83, as revised in 1987, which regulate the substitution of generic drugs for brand-name prescription drugs by pharmacists, are offenses required to be fingerprinted by O.C.G.A. § 35-3-33 (a)(1)(A)(ii), which requires the fingerprinting of persons charged with an offense involving dangerous drugs and narcotics. 1987 Op. Att'y Gen. No. 87-21.

- Violation of O.C.G.A. § 16-12-5, which prohibits tattooing within one inch of a person's eyesocket, is not designated as an offense for which those charged with a violation are to be fingerprinted. 1990 Op. Att'y Gen. No. 90-22.

- Tattooing a person under the age of 16 is an offense for which those charged with its violation are to be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

- O.C.G.A. § 36-32-9, which addresses the jurisdiction of cases in which a person is charged with a first or second offense of theft by shoplifting when the property taken was valued at $100.00 or less, does not require any modification in the designation of theft by shoplifting as an offense for which persons charged with a violation of are to be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

Resisting or obstructing firefighter in lawful discharge of official duties is an offense for which persons charged with a violation are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

- Use of automatic telephone dialing equipment and dissemination of pre-recorded messages, or the use of the United States mails, for the purpose of soliciting calls to "976" telephone numbers for which there are pre-call fees, is an offense for which persons charged are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

- Prohibited use of automatic dialing and recorded message equipment is not designated as an offense which requires that persons charged with its violation be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

- Violation of O.C.G.A. § 46-5-25, which prohibits the transmission of unsolicited facsimile messages for the purpose of advertising or offering for sale or lease goods, services, or property, is not designated as an offense which requires fingerprinting. 1990 Op. Att'y Gen. No. 90-22.

Violation of any section in O.C.G.A. § 4-4-80 et seq., regulating live poultry dealers, brokers, and market operators, is an offense for which those charged with a violation of are to be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

- Violation of O.C.G.A. § 4-11-32(c), which proscribes damage to or destruction of an animal facility or animal valued at $500.00 or less, or entering a facility with the intent to disrupt or damage the enterprises conducted at that facility, is designated as an offense for which those charged with a violation are to be fingerprinted in order to promote consistency in the treatment of offenders. 1990 Op. Att'y Gen. No. 90-22.

- Violation of O.C.G.A. § 26-2-32, which provides that the packaging of a product as "honey" is unlawful unless the product is, in fact, pure honey manufactured by honeybees, is not designated as an offense for which those charged with a violation are to be fingerprinted. 1990 Op. Att'y Gen. No. 90-22.

Subjecting a student to activities which endanger a student's physical health in connection with or as a condition to joining or participating in a school organization is designated as an offense for which those charged with a violation are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

- Violation of O.C.G.A. § 20-2-1184, which requires the reporting of students committing prohibited acts, is not designated as an offense for which those charged with a violation are to be fingerprinted. 1990 Op. Att'y Gen. No. 90-22.

- Unlawful inducement of a motor vehicle buyer or lessee under a contract to sublease the vehicle without written consent of the holder of the contract or the lessor, and unlawful offering of a vehicle for hire by a sublessee, is designated as an offense for which persons charged with a violation are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

Violating provisions of domestic violence order which excludes or evicts a person from a residence or household is designated as an offense for which those charged with a violation are to be fingerprinted. 1988 Op. Att'y Gen. No. 88-19.

Disclosure

Disseminations to private, nongovernmental individuals is not authorized.

- See 1975 Op. Att'y Gen. No. 75-144.

- Georgia Crime Information Center and other criminal justice agencies can, in connection with civil election contests between private parties, provide criminal history record information to the court. 1975 Op. Att'y Gen. No. 75-144.

- Center and all criminal justice agencies should disseminate to district attorneys and state court solicitors appropriate criminal history record information concerning any past or present candidate for public office. 1975 Op. Att'y Gen. No. 75-144.

- Since the State Election Board is empowered to investigate and enforce violations by civil actions, it would be entitled to receive criminal history record information in connection with any such investigation or litigation for offenses under former Code 1933, § 34-107 (see now O.C.G.A. § 21-2-8). 1975 Op. Att'y Gen. No. 75-144.

Limitations on the center are not applicable to blood alcohol reports. 1976 Op. Att'y Gen. No. 76-11.

- It is a matter of administrative discretion to determine when sufficient identification has been received for dissemination of the proper record. 1975 Op. Att'y Gen. No. 75-144.

Center should purge the center's records only when the records are inaccurate. 1975 Op. Att'y Gen. No. 75-110.

- Metropolitan Atlanta Crime Commission is not entitled to receive crime data from Georgia Crime Information Center in a format identifying the individual law enforcement agencies which have contributed data to the Georgia Crime Information Center. 1982 Op. Att'y Gen. No. 82-57.

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 108 et seq.

- Right to take fingerprints and photographs of accused before trial, or to retain same in police record after acquittal or discharge of accused, 83 A.L.R. 127.