§ 35-3-39.1. National Crime Prevention and Privacy Compact; Ratification; Criminal History Records Repository
As used in this Code section, the term: “Compact” means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law. “Compact council” means the compact council established by Article VI of the compact. “Director” means the director of the Georgia Crime Information Center. “Federal law” means the National Crime Prevention […]
§ 35-3-40. Construction of Article
In the event of conflict, this article shall to the extent of the conflict supersede all existing statutes which regulate, control, or otherwise relate, directly or by implication, to the collection, storage, and dissemination or usage of fingerprint identification, offender criminal history, uniform crime reporting, and criminal justice activity data records or any existing statutes […]
§ 35-3-30. Definitions
As used in this article, the term: “Career criminal” means any person who has been previously convicted three times under the laws of this state of felonies or under the laws of any other state or the United States of crimes which would be felonies if committed within this state. (1.1) “Center” means the Georgia […]
§ 35-3-31. Establishment of Center; Staff and Equipment Generally; State Personnel Board Status of Personnel
There is established for the state, within the Georgia Bureau of Investigation, a system for the intrastate communication of vital information relating to crimes, criminals, and criminal activity, to be known as the Georgia Crime Information Center. Central responsibility for the development, maintenance, and operation of the center shall be vested with the director of […]
§ 35-3-32. Establishment of Council; Composition; Duties and Responsibilities of Council Generally
There is created the Georgia Crime Information Center Council. The duties and responsibilities of the council are to: Advise and assist in the establishment of policies under which the center is to be operated; Advise and assist in updating the policies under which the center is to be operated, to the extent that such policies […]
§ 35-3-33. Powers and Duties of Center Generally
The center shall: Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who: Have been or are hereafter arrested or taken into custody in this state: For an offense which is a felony; For an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial […]
§ 35-3-34. Disclosure and Dissemination of Criminal Records to Private Persons and Businesses; Resulting Responsibility and Liability of Issuing Center; Provision of Certain Information to the Fbi in Conjunction With the National Instant Criminal Background Check System
The center shall be authorized to: Make criminal history records maintained by the center available to private persons and businesses under the following conditions: Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed consent of […]
§ 35-3-34.1. Circumstances When Exonerated First Offender’s Criminal Record May Be Disclosed
When a defendant has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offender’s record of arrests, charges, or sentences to the employers and entities and under the conditions set forth in Code Section 42-8-63.1. History. Code […]
§ 35-3-34.2. Exchange of National Criminal History Background Checks on Providers of Care to Children, the Elderly, and Persons With Disabilities
It is the purpose of this Code section to authorize and facilitate, but not require, the exchange of national criminal history background checks with authorized agencies on behalf of qualified entities as authorized under federal law. As used in this Code section, the term: “Authorized agency” means any local government agency designated to report, receive, […]
§ 35-3-35. Disclosure and Dissemination of Records to Public Agencies and Political Subdivisions; Responsibility and Liability of Issuing Center
The center shall be authorized to: 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: Public agencies or political subdivisions shall, at the time of the request, provide the fingerprints of […]