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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
Code Commission notes. The enactment of Code Section 35-3-35.1 by Ga. L. 2005, p. 980, § 1/HB 501, irreconcilably conflicted with and was treated as superseded by the enactment of Code Section 35-3-34.2 by Ga. L. 2005, p. 1196, § 1/SB 6. See County of Butts v. Strahan, 151 Ga. 417 (1921).
All criminal justice agencies within the state shall submit to the center fingerprints, descriptions, photographs when specifically requested, and other identifying data on persons who have been lawfully arrested or taken into custody in the state for all felonies and for the misdemeanors and violations designated in subparagraph (a)(1)(A) of Code Section 35-3-33 and for […]
As used in this Code section, the term: “Drug court treatment program” means a treatment program operated by a drug court division in accordance with the provisions of Code Section 15-1-15. “Entity” means the arresting law enforcement agency, including county and municipal jails and detention centers. “Mental health treatment program” means a treatment program operated […]
Any person who knowingly requests, obtains, or attempts to obtain criminal history record information under false pretenses, or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this article, or any member, officer, employee or agent of the center, the council, or any participating […]
Any officer or official mentioned in this article who shall neglect or refuse to make any report or to do any act required by any provision of this article shall be deemed guilty of nonfeasance in office and subject to removal therefrom. History. Ga. L. 1973, p. 1301, § 8.
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 […]
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 […]
