09 LC
29 3569
House
Bill 10
By:
Representatives Levitas of the
82nd,
Ramsey of the
72nd,
Powell of the
29th,
Talton of the
145th,
O`Neal of the
146th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 3 of Title 35 the Official Code of Georgia Annotated,
relating to the Georgia Crime Information Center, so as to provide access by
private individuals, businesses, and governmental agencies to an individual's
Georgia criminal history without such individual's consent or fingerprints; to
change provisions relating to disclosure and dissemination of criminal records
to private persons and businesses; to change provisions relating to disclosure
and dissemination of records to public agencies and political subdivisions; to
change provisions relating to fees; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 3 of Title 35 the Official Code of Georgia Annotated, relating to
the Georgia Crime Information Center, is amended by revising Code Section
34-3-34, relating to disclosure and dissemination of criminal records to private
persons and businesses, as follows:
"35-3-34.
(a)
The center shall be authorized to:
(1)
Make
Georgia
criminal history records maintained by the center available to private persons
and businesses under the following conditions:
(A)
Private individuals and businesses requesting
Georgia
criminal history records shall, at the time of the request,
either
provide the fingerprints of the person whose records are requested
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
in such manner
as prescribed by the center, which may include electronic imaging of a person's
fingerprints, or provide sufficient information to identify the individual whose
Georgia criminal history is being
requested;
(B)
The center
may
shall
not provide records of arrests, charges, and 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)
The center
shall not provide records of juveniles adjudicated delinquent or records
otherwise protected from disclosure pursuant to law; and
(C)(D)
When the identifying information provided is sufficient to identify persons
whose records are requested
electronically,
the center may disseminate electronically
Georgia
criminal history records
of in-state
felony convictions, pleas, and sentences
without:
(i)
Fingerprint
fingerprint
comparison;
or
(ii)
Consent
consent
of the person whose records are requested;
or
(2)
Make
Georgia
criminal history records of the defendant or witnesses in a criminal action
available to counsel for the defendant upon receipt of a written request from
the defendant's counsel under the following conditions:
(A)
Such request shall contain the style of the case and the name and identifying
information for each person whose records are requested. Such request shall be
submitted to the center;
(B)
In cases where the court has determined the defendant to be indigent, any fees
authorized by law shall be waived; and
(C)
Disclosure of criminal history information to the defendant's counsel as
provided in this paragraph shall be solely in such counsel's capacity as an
officer of the court. Any use of such information in a manner not authorized by
law or the court in which such action is pending where the records were
disclosed shall constitute a violation of Code Section 35-3-38; and
(3)
Charge fees for disseminating records pursuant to this Code section which will
raise an amount of revenue
which
that
approximates,
as nearly as practicable, the direct and
indirect costs to the state for providing
such disseminations.
(b)
In the event that an employment decision is made adverse to a person whose
record
records
was
were
obtained pursuant to this Code section, the person
will
shall
be informed by the business or person making the adverse employment decision of
all information pertinent to that decision. This disclosure shall include
information that
a record
was
records
were obtained from the center, the
specific contents of
the
such
record
records,
and the effect
the
record
such
records had upon the decision. Failure to
provide all such information to the person subject to the adverse decision shall
be a misdemeanor.
(c)
Neither the center, its employees, nor any agency or employee of the state shall
be responsible for the accuracy of information nor have any liability for
defamation, invasion of privacy, negligence, or any other claim in connection
with
the
any
dissemination pursuant to this Code section and shall be immune from suit based
upon any such claims.
(d)
Local criminal justice agencies may disseminate
Georgia
criminal history
records,
without fingerprint
comparison,
or
prior contact with the center,
or consent of
the person whose criminal records are
requested to private individuals and
businesses under the same conditions as set forth in paragraph (1) of subsection
(a) of this Code section and may charge fees as needed to reimburse such
agencies for their direct and indirect costs related to the providing of such
disseminations.
Such agencies
shall have the same immunity as provided in subsection (c) of this Code
section.
(d.1)
Reserved.
(d.2)
When identifying information provided is sufficient to identify persons whose
records are requested, local criminal justice agencies may disseminate criminal
history records of in-state felony convictions, pleas, and sentences
without:
(1)
Fingerprint comparison;
(2)
Prior contact with the center; or
(3)
Consent of the person whose records are requested.
Such
information may be disseminated to private individuals and businesses under the
conditions specified in subparagraph (a)(1)(B) of this Code section upon payment
of the fee for the request and when the request is made upon a form prescribed
by the center. Such agencies may charge and retain fees as needed to reimburse
such agencies for the direct and indirect costs of providing such information
and shall have the same immunity therefor as provided in subsection (c) of this
Code section.
(d.3)(e)
No fee charged pursuant to
subsection (d)
of this Code section
may
shall
exceed $20.00 per person whose criminal history
record
is
records
are requested or
shall
be charged to any person or entity authorized prior to January 1, 1995, to
obtain information pursuant to this Code section without payment of such
fee.
(d.4)(f)
The center shall place a high priority on inquiries from any nuclear power
facility requesting a criminal history and shall respond to such requests as
expeditiously as possible, but in no event shall a response be made more than
two business days following receipt of the request.
(e)(g)(1)
The Georgia
Crime Information Center
center
shall be authorized to provide criminal history records, wanted person records,
and involuntary hospitalization records information to the Federal Bureau of
Investigation in conjunction with the National Instant Criminal Background Check
System in accordance with the federal Brady Handgun Violence Prevention Act, 18
U.S.C. Section 921, et seq.
(2)
The records of the
Georgia
Crime Information Center
center
shall include information as to whether a person has been involuntarily
hospitalized. Notwithstanding any other provisions of law and in order to carry
out the provisions of this Code section and Code Section 16-11-172, the
Georgia
Crime Information Center
center
shall be provided such information and no other mental health information from
the involuntary hospitalization records of the probate courts concerning persons
involuntarily hospitalized after March 22, 1995, in a manner agreed upon by the
Probate Judges Training Council and the Georgia Bureau of Investigation to
preserve the confidentiality of patients' rights in all other respects.
Further, notwithstanding any other provisions of law and in order to carry out
the provisions of this Code section and Code Section 16-11-172, the center shall
be provided information as to whether a person has been adjudicated mentally
incompetent to stand trial or not guilty by reason of insanity at the time of
the crime, has been involuntarily hospitalized, or both from the records of the
clerks of the superior courts concerning persons involuntarily hospitalized
after March 22, 1995, in a manner agreed upon by The Council of Superior Court
Clerks of Georgia and the Georgia Bureau of Investigation to preserve the
confidentiality of patients' rights in all other respects. After five years
have elapsed from the date that a person's involuntary hospitalization
information has been received by the
Georgia
Crime Information Center
center,
the center shall purge its records of such information as soon as practicable
and in any event purge such records within 30 days after the expiration of such
five-year period.
(f)(h)
The council
is
shall
be empowered to adopt rules, regulations,
and forms necessary to implement this Code section. The council shall
promulgate regulations to ensure the identity, confidentiality, and security of
all records and data provided in accordance with this Code
section."
SECTION
2.
Said
article is further amended by revising Code Section 35-3-35, relating to
disclosure and dissemination of records to public agencies and political
subdivisions, as follows:
"35-3-35.
(a)
The center shall be authorized to:
(1)
Make
Georgia
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,
either
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
or provide
sufficient information to identify the individual whose Georgia criminal history
is being requested;
(B)
The center
may
shall
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)
The center
shall not provide records of juveniles adjudicated delinquent or records
otherwise protected from disclosure pursuant to law; and
(D)
When the identifying information provided is sufficient to identify persons
whose records are requested
electronically,
the center may disseminate electronically
Georgia
criminal history records
of in-state
felony convictions, pleas, and sentences
without:
(i)
Fingerprint
fingerprint
comparison;
or
(ii)
Consent
consent
of the person whose records are requested;
(1.1)
Make criminal history records maintained by the center available to any county
board of registrars or county board of registration and election. The making of
an application for voter registration shall be deemed to be consent of the
person making the application to release such records to the county board of
registrars or county board of registration and election. Such records shall be
requested for the sole purpose of verification of information provided on voter
registration cards by registration applicants;
(1.2)(2)
Make
Georgia
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
(2)(3)
Charge fees for disseminating records pursuant to this Code section which will
raise an amount of revenue
which
that
approximates,
as nearly as practicable, the direct and
indirect costs to the state for providing
such disseminations.
(b)
In the event an employment or licensing decision is made adverse to a person
whose
record
was
records
were obtained pursuant to this Code
section, the person
will
shall
be informed by the public agency, political subdivision, authority or
instrumentality, or licensing or regulatory agency making the adverse
employment
decision of all information pertinent to that decision. This disclosure shall
include information that
a record
was
records
were obtained from the center, the
specific contents of
the
record
such
records, and the effect
the
record
such
records had upon the decision. Failure to
provide all such information to the person subject to the adverse decision shall
be a misdemeanor.
(c)
Neither the center, its employees, nor any agency or employee of the state shall
be responsible for the accuracy of information disseminated nor have any
liability for defamation, invasion of privacy, negligence,
nor
or
any other claim in connection with any dissemination pursuant to this Code
section and shall be immune from suit based upon such claims.
(d)
Local criminal justice agencies may disseminate
Georgia
criminal history records
without
fingerprint comparison, prior contact with the center, or consent of the person
whose criminal records are requested to
public agencies, political subdivisions, authorities, and instrumentalities,
including state or federal licensing and regulatory
agencies,
under the same conditions as set forth in paragraph (1) of subsection (a) of
this Code section and may charge fees as necessary to reimburse such agencies
for their direct and indirect costs associated with providing such
disseminations.
Such agencies
shall have the same immunity as provided in subsection (c) of this Code
section.
(d.1)
When identifying information provided is sufficient to identify persons whose
records are requested, local criminal justice agencies may disseminate criminal
history records of in-state felony convictions, pleas, and sentences
without:
(1)
Fingerprint comparison;
(2)
Prior contact with the center; or
(3)
Consent of the person whose records are requested.
Such
information may be disseminated to entities to which such records may be made
available under subsection (d) of this Code section under the conditions
specified in subparagraph (a)(1)(B) of this Code section upon payment of the fee
for the request and when the request is made upon a form prescribed by the
center. Such agencies may charge and retain fees as needed to reimburse such
agencies for the direct and indirect costs of providing such information and
shall have the same immunity therefor as provided in subsection (c) of this Code
section.
(d.2)(e)
No fee charged pursuant to
subsection (d)
of this Code section
may
shall
exceed $20.00 per person whose criminal history
record
is
records
are requested or
shall
be charged to any person or entity authorized prior to January 1, 1995, to
obtain information pursuant to this Code section without payment of such
fee.
(e)(f)
The council
is
shall
be empowered to adopt rules, regulations,
and forms necessary to implement this Code section.
The council
shall promulgate regulations to ensure the identity, confidentiality, and
security of all records and data provided in accordance with this Code
section."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.