AGO 2018-3
Official Opinion 2018-3
Georgia Attorney General Opinion
December 21, 2018
Deputy
Director for Georgia Crime Information Center
Georgia
Bureau of Investigation
Re:
2018 update of crimes and offenses for which the Georgia
Crime Information Center is authorized to collect and file
fingerprints.
You
have requested, in your letter of July 30, 2018, my opinion
concerning whether any of the following misdemeanor offenses
enacted either during the 2018 Session of the General
Assembly or during a previous legislative session that were
recently brought to your attention should be designated as
offenses for which persons charged with violations are to be
fingerprinted.
In
addition to the determination of fingerprintable offenses
which the General Assembly may mandate by statute, O.C.G.A.
§ 35-3-33 (a)(1)(A)(v) provides that the Attorney
General may designate any other offense as one for which
those charged with violations are to be fingerprinted. See,
e.g., 2017 Op. Att’y Gen. 2017-1, 2015 Op. Att’y
Gen. 2015-2, 2014 Op. Att’y Gen. 2014-2, 2013 Op.
Att’y Gen. 2013-4, 2012 Op. Att’y Gen. 2012-6,
2011 Op. Att’y Gen. 2011-5, 2011 Op. Att’y Gen.
2011-1.
The
offenses under review from the 2018 Session of the General
Assembly include: O.C.G.A. § 16-11-40 (using an
emergency door after having violated O.C.G.A. §
16-8-14); O.C.G.A.
§
32-6-6(b) (knowingly using any portion of a road on the state
highway system for camping); O.C.G.A. § 35-1-22(d)(1)
(knowingly requesting, using, or obtaining captured license
plate data of a law enforcement agency under false pretenses
or for purposes other than for a law enforcement purpose);
O.C.G.A. § 40-6-241 (violation of the “Hands-Free
Georgia Act”); O.C.G.A. § 43-15-30(f) (holding
oneself out as a Professional Land Surveyor without having
complied with the chapter); O.C.G.A. § 43-17-8.1(j)
(violation of the requirements for use of collection
receptacles for donations); and O.C.G.A. §
48-2-15(d.1)(5) (divulging confidential tax information).
Offenses
from previous legislative sessions that...