(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).
Editor's notes.- 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."
Law reviews.- 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).
JUDICIAL DECISIONS
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).
OPINIONS OF THE ATTORNEY GENERALANALYSIS
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.
Limit on data gathered.- 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 identifies persons charged with crime, generally not persons charged with disorderly conduct.- 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.
Law enforcement agencies obtain fingerprints from arrested persons and forward prints to center.- 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.
First offender probationer to be recorded, maintained, and reported.- 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 land of another.- 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.
Distributing products having appearance of controlled substances.- 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.
Applying opaque material to automobile glass.
- 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.
Improper use of handicapped parking privileges.
- 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 to remain at accident scene.- 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.
Discharge of sewage from lake vessels.
- 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 embalmer, funeral director, or other to report diseased deceased.- 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.
Counterfeit or false proof of insurance.
- 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 to disclose campaign contributions.- 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.
Battery.
- 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.
Sexual battery.
- 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.
Cruising in merchant's parking area.- 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 to display official rating on video movies.- 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.
Possession of alcoholic beverage by jail inmate.
- 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.
Sale of tobacco products to or possession of tobacco by minors.- 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.
Substitution of generic for brand-name drugs.
- 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.
Tattooing within one inch of eyesocket.
- 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 minors.- 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.
Theft by shoplifting.
- 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.
Soliciting calls to telephone numbers with pre-call fees.- 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.
Use of automatic dialing and recorded message equipment.- 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.
Unsolicited fax machine advertising.
- 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.
Destruction of animal facility or animal valued at $500.00 or less.
- 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.
Packaging of non-pure honey.
- 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.
Required reporting of students committing prohibited acts.
- 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 to sublease motor vehicle.- 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.
Center can provide information to court in connection with civil election contests.- 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.
Candidate information to be provided to district attorneys and state court solicitors.- 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.
Supplying information to State Election Board.
- 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.
Administrative discretion determines when sufficient information received for record's dissemination.- 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 certain identifying information.- 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.
ALR.
- 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.