, 123019 GAAGO, AGO 2019-3

Case DateDecember 30, 2019
CourtGeorgia
AGO 2019-3
Official Opinion 2019-3
Georgia Attorney General Opinion
December 30, 2019
         To:          Deputy Director for Georgia Crime Information Center          Re:          2019 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 August 14, 2019, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2019 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. Pursuant to Georgia law, I make the following designations in relation to your question.          Generally, under Georgia law, 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., 2018 Op. Att’y Gen. 2018-3, 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 2019 Session of the General Assembly include: O.C.G.A. § 2-8-218(a) (willfully rendering or furnishing a false or fraudulent report to the Agricultural Commodity Commission for Propane which is required pursuant to Article 6 of Title 2, Chapter 8); O.C.G.A. § 2-8-218(b) (violating any provision of Article 6 of Title 2, Chapter 8 or any marketing order duly issued by the Commission); O.C.G.A. § 16-5-23.1(k) (committing a battery against a sports official while such sports official is officiating an amateur contest); O.C.G.A. § 16-6-5.1(b) (any employee or agent knowingly engaging in sexually explicit conduct with specified persons); O.C.G.A. § 16-6-5.1(c) (any employee or agent knowingly engaging in sexual contact with specified persons); O.C.G.A. § 16-10-28 (making a unlawful request for emergency services assistance under certain circumstances); O.C.G.A. § 16-13-121 (selling or transferring possession of kratom to, or possession...

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