Opinion AGO 2008-6.

• Court: Georgia

Georgia Attorney General Opinions 2008. Opinion AGO 2008-6. Wednesday, August 27, 2008OFFICIAL OPINION 2008-6To:Deputy Director, Georgia Crime Information CenterRe: Fingerprinting in regard to 2008 legislative amendments to O.C.G.A. §40-5-20 and O.C.G.A. §40-5-121.You have requested, in your letter of July 14, 2008, my opinion whether certain violations of O.C.G.A. §40-5-20 and O.C.G.A. §40-5-121 should be designated as offenses for which persons charged with violations are to be fingerprinted. As you have noted, Senate Bill 350, passed by the 2008 session of the Georgia General Assembly, greatly increased certain penalty provisions under these code sections, creating felony violations for the fourth offense of certain violations of both code sections. O.C.G.A. §40-5-20 (Supp. 2008) now provides as follows:

(a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgiadriver's license before operating a motor vehicle in this state. Any violation of this subsection, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 if such person produces in court a license issued to such person and valid at the time of such person's arrest, shall be punished as provided in Code Section 40-5-121. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license.

O.C.G.A. §40-5-20(a) (Supp. 2008) (emphasis indicates 2008 amending language). Code section 40-5-121, which before the 2008 amendments provided enhanced penalties for "driv[ing] a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked . . . ," has been amended to include the offense of driving "without being licensed as required by subsection (a) of Code Section 40-5-20 . . . ." O.C.G.A. §40-5-121(a) (Supp. 2008). The 2008 amendments also add a fingerprint requirement, to be "taken upon conviction,"(fn1) and provide that "[f]or the fourth or subsequent conviction within five years . . . such...