HB 712 - Criminal history records; release by GCIC; consent

Georgia House of Representatives - 1995/1996 Sessions

HB 712 - Criminal history records; release by GCIC; consent

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1. Twiggs  8th

House Comm: PubS / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/10/95 Read 1st Time 2/13/95 Read 2nd Time ---------------------------------------- Rules Suspended to Introduce Code Sections amended:
HB 712 LC 10 1180 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 2 of Chapter 3 of Title 35 of the Official 1- 2 Code of Georgia Annotated, relating to the Georgia Crime 1- 3 Information Center, so as to provide a means by which the 1- 4 Georgia Crime Information Center may release criminal 1- 5 history records with the consent of the person whose records 1- 6 are requested; to provide that notarized consent shall not 1- 7 be necessary for the release of certain criminal history 1- 8 records; to provide an effective date; to repeal conflicting 1- 9 laws; and for other purposes. 1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-11 Article 2 of Chapter 3 of Title 35 of the Official Code of 1-12 Georgia Annotated, relating to the Georgia Crime Information 1-13 Center, is amended by striking in its entirety paragraph (1) 1-14 of subsection (a) of Code Section 35-3-34, relating to the 1-15 dissemination of records to private persons and businesses, 1-16 and inserting in lieu thereof a new paragraph (1) to read as 1-17 follows: 1-18 "(1) Make criminal history records maintained by the 1-19 center available to private persons and businesses under 1-20 the following conditions: 1-21 (A) Private individuals and businesses requesting 1-22 criminal history records shall, at the time of the 1-23 request, provide the fingerprints of the person whose 1-24 records are requested or provide a signed and 1-25 notarized consent of the person whose records are 1-26 requested on a form prescribed by the center which 1-27 shall include such person's full name, address, social 1-28 security number, and date of birth; and 1-29 (B) The center may not provide records of arrests, 1-30 charges, and sentences for crimes relating to first 1-31 offenders pursuant to Article 3 of Chapter 8 of Title 1-32 42 in cases where offenders have been exonerated and ddd�@d�@�@d @�@dt@�@d�@�@dB@�@d�@�@ -1- (Index) LC 10 1180 2- 1 discharged without court adjudications of guilt, 2- 2 except as specifically authorized by law; or". SECTION 2. 2- 3 Said article is further amended by striking in its entirety 2- 4 paragraph (1) of subsection (a) of Code Section 35-3-35, 2- 5 relating to the dissemination of records to public agencies 2- 6 and political subdivisions, and inserting in lieu thereof a 2- 7 new paragraph (1) to read as follows: 2- 8 "(1) Make criminal history records maintained by the 2- 9 center available to public agencies, political 2-10 subdivisions, authorities, and instrumentalities, 2-11 including state or federal licensing and regulatory 2-12 agencies or their designated representatives, under the 2-13 following conditions: 2-14 (A) Public agencies or political subdivisions shall, 2-15 at the time of the request, provide the fingerprints 2-16 of the person whose records are requested or provide a 2-17 signed and notarized consent of the person whose 2-18 records are requested on a form prescribed by the 2-19 center which shall include such person's full name, 2-20 address, social security number, and date of birth; 2-21 and 2-22 (B) The center may not provide records of arrests, 2-23 charges, or sentences for crimes relating to first 2-24 offenders pursuant to Article 3 of Chapter 8 of Title 2-25 42 in cases where offenders have been exonerated and 2-26 discharged without court adjudications of guilt, 2-27 except as specifically authorized by law;". SECTION 3. 2-28 This Act shall become effective May 1, 1995. SECTION 4. 2-29 All laws and parts of laws in conflict with this Act are 2-30 repealed. -2- (Index)

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