07
SB62/AP
Senate
Bill 62
By:
Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Seay of the 34th,
Carter of the 13th and Staton of the 18th
AS PASSED
AS PASSED
AN
ACT
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 revise
provisions relating to publication of statistics by the center; to remove a
prohibition against certain identifying data in such statistics; to provide
certain conditions for requesting criminal history records; to permit counties
and municipalities to request a state and national criminal history record check
after passing an ordinance authorizing such record checks for certain specified
professions or occupations; to provide for related matters; to provide an
effective date; to repeal conflicting law; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating
to the Georgia Crime Information Center, is amended by revising paragraph (9)
of subsection (a) of Code Section 35-3-33, relating to powers and duties of the
Georgia Crime Information Center, as follows:
"(9)
Periodically publish 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;"
SECTION
2.
Said
article is further amended by revising paragraph (1) of subsection (a) of Code
Section 35-3-35, relating to disclosure and dissemination of records by the
Georgia Crime Information Center to public agencies and political subdivisions
and responsibility and liability of the issuing center, as follows:
"(1)
Make criminal history records maintained by the center available to public
agencies, political subdivisions, authorities, and instrumentalities, including
state or federal licensing and regulatory agencies or their designated
representatives, under the following conditions:
(A)
Public agencies or political subdivisions shall, at the time of the request,
provide the fingerprints of the person whose records are requested in such
manner prescribed by the center, which may include the electronic imaging of a
person´s fingerprints, or provide a signed consent of the person whose
records are requested on a form prescribed by the center which shall include
such person´s full name, address, social security number, and date of
birth; provided, however, that the provisions of this paragraph shall supersede
any other provision relating to the submission of fingerprints to the
center;
(B)
The center may not provide records of arrests, charges, or sentences for crimes
relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in
cases where offenders have been exonerated and discharged without court
adjudications of guilt, except as specifically authorized by Code Section
35-3-34.1 or other law; and
(C)
When the identifying information provided is sufficient to identify persons
whose records are requested electronically, the center may disseminate
electronically criminal history records of in-state felony convictions, pleas,
and sentences without:
(i)
Fingerprint comparison; or
(ii)
Consent of the person whose records are requested;"
SECTION
3.
Said
article is further amended by striking "and" at the end of paragraph (1.1) of
subsection (a) and adding a new paragraph to subsection (a) of Code Section
35-3-35, relating to the disclosure and dissemination of records to public
agencies and political subdivisions, as follows:
"(1.2)
Make criminal history records maintained by the center and national criminal
history records maintained by the Federal Bureau of Investigation, obtained by
the center, available to the governing authority of any county or municipality,
for any applicant or licensee in a specified occupation for which such local
governing authority has adopted an ordinance or resolution requiring such
applicants or licensees in a particular occupation or profession regulated by
the governing authority to be fingerprinted as a condition of submitting an
application or obtaining or renewing a license. The center shall establish a
uniform method of obtaining criminal history records required under this
paragraph. Such uniform method shall require the submission to the center of
two complete sets of fingerprints and the records search fee. Upon receipt
thereof, the center shall promptly transmit one set of fingerprints to the
Federal Bureau of Investigation for a search of bureau records and an
appropriate report and shall retain the other set and promptly conduct a search
of its own records and records to which it has access. After receiving the
fingerprints and fee, the center shall notify the requesting local government
authority in writing of any derogatory finding, including, but not limited to,
any criminal record data regarding the fingerprint records check or if there is
no such finding. Nothing in this paragraph shall prevent the local governing
authority from obtaining national criminal history records directly from the
Federal Bureau of Investigation, if an ordinance or resolution requiring the
fingerprints of an applicant or licensee of a particular occupation or
profession regulated by the local governing authority has been adopted by such
governing authority of the county or municipality; and"
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.