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...