, 122118 GAAGO, AGO 2018-3

Case DateDecember 21, 2018
CourtGeorgia
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...

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