2021 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 9 - Access to Hearings and Records
§ 15-11-702. Children's Fingerprints, Photographs, and Names

Universal Citation: GA Code § 15-11-702 (2021)
    1. Every child charged with an offense that would be a felony if committed by an adult shall be fingerprinted and photographed upon being taken into custody.
    2. Fingerprints and photographs of children to be used in investigating the commission of crimes shall be taken and filed separately from those of adults by law enforcement officials and shall be made available as provided in this article and as may be directed by the court.
  1. Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for criminal justice purposes and for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest.
  2. If a child has been charged with an offense that if committed by an adult would be a felony or if the case is transferred to another court for prosecution, such child's identification data, and other pertinent information shall be forwarded to the Georgia Crime Information Center of the Georgia Bureau of Investigation. The center shall create a juvenile fingerprint file and enter the data into the computerized criminal history files. The Georgia Bureau of Investigation shall act as the official state repository for juvenile history data and shall be authorized to disseminate such data for the purposes specified in Code Section 15-11-708.
  3. Upon application of a child, fingerprints and photographs of such child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either such petition is filed or the case is transferred to the juvenile court or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information Center when fingerprints and photographs are destroyed, and the Georgia Bureau of Investigation shall treat such records in the same manner as criminal history record information is restricted pursuant to Code Section 35-3-37.
  4. Except as provided in subsection (a) of this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution.
  5. Upon request, the judge or his or her designee shall release the name of any child with regard to whom a petition has been filed alleging a child committed a class A designated felony act or class B designated felony act or alleging a child committed a delinquent act if such child has previously been adjudicated for committing a delinquent act or if such child has previously been before the court on a delinquency charge and adjudication was withheld.

(Code 1981, §15-11-702, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-2503, and pre-2000 Code Section 15-11-60, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Inapplicable to children prosecuted in superior court.

- Provisions of former statute concerning compilation and maintenance of fingerprint records of children investigated by law enforcement authorities should not apply to the case of a child who is either indicted and tried in the superior court for a capital felony or who is transferred from the juvenile court for criminal prosecution; in either of those instances a child may be fingerprinted in accordance with standard practice; thus, such a child's fingerprint file would neither have to be "kept separate from those of adults" nor "maintained on a local basis only," but could be forwarded "to a central state or federal depository" for storage in the routine manner. 1974 Op. Att'y Gen. No. 74-58 (decided under former Code 1933, § 24A-3503).

Disposition of fingerprints.

- Fingerprints of children taken as authorized in subsection (a) of former O.C.G.A. § 15-11-60 may be filed locally and need not be delivered to the court; fingerprints taken as authorized in subsection (e) must be destroyed or delivered to the court. 1983 Op. Att'y Gen. No. U83-66 (decided under former O.C.G.A. § 15-11-60).

For a discussion of the validity of provisions as to publication of child's name or picture, in light of Smith v. Daily Mail Publishing Co., 443 U.S. 97, 98 S. Ct. 2667, 61 L. Ed. 2d 399 (1979) see 1980 Op. Att'y Gen. No. 80-11 (decided under former Code 1933, § 24A-3503).

Court orders for the release of information should be written. 1987 Op. Att'y Gen. No. U87-18 (decided under former O.C.G.A. § 15-11-60).

Mandatory release of name.

- Court has a mandatory duty to release only the name of a child who is before the court for a second or subsequent delinquency matter. 1987 Op. Att'y Gen. No. U87-18 (decided under former O.C.G.A. § 15-11-60).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 116 et seq.

C.J.S.

- 43 C.J.S., Infants, § 254. 76 C.J.S., Records, § 41 et seq.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 56.

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