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SB 118 - Nat'l. Crime Prevention & Privacy Compact - ratify

Crotts, Mike D (17th)	Bowen, Rooney L (13th)	Ray, II, William M (48th)

Status Summary	SC:	Judy	HC:		FR:	02/04/99	LA:	01/10/00	S - Read 3rd Time

First Reader Summary

A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to ratify the National Crime Prevention and Privacy Compact established by Section 217 of the National Crime Prevention and Privacy Compact Act of 1998 contained in federal Public Law 92-544; to define certain terms.

Code Sections - 35-3-39.1

SB 118 99                                          LC 11 9713 
 
      SENATE BILL 118 
 
      By:  Senators Crotts of the 17th, Bowen of the 13th, 
           Ray of the 48th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 3 of Title 35 of the Official 
  1- 2  Code of Georgia Annotated, relating to the Georgia Crime 
  1- 3  Information Center, so as to ratify the National Crime 
  1- 4  Prevention and Privacy Compact established by Section 217 of 
  1- 5  the National Crime Prevention and Privacy Compact Act of 
  1- 6  1998 contained in federal Public Law 92-544; to define 
  1- 7  certain terms; to provide duties for the director of the 
  1- 8  Georgia Crime Information Center; to provide for the 
  1- 9  criminal history records repository and for compliance with 
  1-10  certain system rules, procedures, and standards; to provide 
  1-11  for level of services; to require provision of certain 
  1-12  records for noncriminal justice purposes and restrict 
  1-13  certain uses thereof; to require the submission of 
  1-14  fingerprints or other positive identification and provide 
  1-15  for compliance of other laws with the compact and federal 
  1-16  law; to repeal conflicting laws; and for other purposes. 
 
  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-18                           SECTION 1. 
 
  1-19  Article 2 of Chapter 3 of Title 35 of the Official Code of 
  1-20  Georgia Annotated, relating to the Georgia Crime Information 
  1-21  Center, is amended by inserting after Code Section 35-3-39 
  1-22  the following: 
 
  1-23    "35-3-39.1. 
 
  1-24    (a) As used in this Code section, the term: 
 
  1-25      (1) 'Compact' means the National Crime Prevention and 
  1-26      Privacy Compact established by Section 217 of the 
  1-27      federal law. 
 
  1-28      (2) 'Compact council' means the compact council 
  1-29      established by Article VI of the compact. 
 
  1-30      (3) 'Director' means the director of the Georgia Crime 
  1-31      Information Center. 
 
 
 
 
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  2- 1      (4) 'Federal law' means the National Crime Prevention 
  2- 2      and Privacy Compact Act of of 1998 contained in Public 
  2- 3      Law 92-544. 
 
  2- 4      (5) 'Interstate identification system' or 'III system' 
  2- 5      means the cooperative federal-state system for the 
  2- 6      exchange of criminal history records as provided for in 
  2- 7      the compact. 
 
  2- 8    (b) The National Crime Prevention and Privacy Compact 
  2- 9    established by federal law is ratified, enacted, and 
  2-10    entered into by the State of Georgia. The compact shall 
  2-11    become operative immediately upon approval of this state's 
  2-12    participation by the United States Attorney General. 
 
  2-13    (c) The director shall be the compact officer and shall be 
  2-14    responsible for: 
 
  2-15      (1) Administering the compact within this state; 
 
  2-16      (2) Ensuring that compact provisions and rules, 
  2-17      procedures, and standards established by the compact 
  2-18      council are complied with in this state; and 
 
  2-19      (3) Regulating the in-state use of records received from 
  2-20      the Federal Bureau of Investigation or other states 
  2-21      party to the compact. 
 
  2-22    (d) The center shall establish and maintain a criminal 
  2-23    history record repository to provide: 
 
  2-24      (1) Information and records for the National 
  2-25      Identification Index and the National Fingerprint File; 
  2-26      and 
 
  2-27      (2) This state's III system - indexed criminal history 
  2-28      records for noncriminal justice purposes described in 
  2-29      Article IV of the compact. 
 
  2-30    (e) This state shall comply with III system rules, 
  2-31    procedures, and standards established pursuant to the 
  2-32    compact concerning record dissemination and use, response 
  2-33    times, data quality, system security, accuracy, privacy 
  2-34    protection, and other aspects of the III system operation. 
 
  2-35    (f) Use of the III system by the center for noncriminal 
  2-36    justice purposes authorized in the compact shall be 
  2-37    managed so as not to diminish the level of services 
  2-38    provided in support of criminal justice purposes. 
 
  2-39    (g) Administration of the compact provisions shall not 
  2-40    reduce the level of services available to noncriminal 
 
 
                                 -2- 
 
 
 
  3- 1    justice users on the effective date of the compact with 
  3- 2    this state. 
 
  3- 3    (h) The center shall provide criminal history records, 
  3- 4    excluding sealed records, to criminal justice agencies and 
  3- 5    other governmental and nongovernmental agencies for 
  3- 6    noncriminal justice purposes as required by the compact. 
 
  3- 7    (i) Records obtained under the compact may be used only 
  3- 8    for the official purposes for which the records were 
  3- 9    requested and under such procedures established by the 
  3-10    director in conformity with rules, procedures, and 
  3-11    standards established pursuant to Article IV of the 
  3-12    compact. 
 
  3-13    (j) Notwithstanding any other law to the contrary, 
  3-14    fingerprints or other forms of positive identification, as 
  3-15    provided for in the compact, shall be submitted with all 
  3-16    requests for criminal history record checks for 
  3-17    noncriminal justice purposes authorized under the compact. 
  3-18    Such records checks made pursuant to any other law of this 
  3-19    state shall comply with this Code section, the compact, 
  3-20    and federal law." 
 
  3-21                           SECTION 2. 
 
  3-22  All laws and parts of laws in conflict with this Act are 
  3-23  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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