07 LC 21
9161
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 SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 35-3-35 of the Official Code of Georgia Annotated, 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, so as to provide certain conditions for
requesting criminal history records; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 35-3-35 of the Official Code of Georgia Annotated, 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, is amended by revising paragraph (1) of subsection (a) 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
2.
All
laws and parts of laws in conflict with this Act are repealed.