SB 421 - Juvenile Criminal Records - access, fingerprinting, photographs

First Reader Summary

A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to define a term; to limit access to juvenile fingerprint records to the administration of criminal justice; to require that all children charged with acts which would be a felony if committed by an adult be fingerprinted and photographed; to authorize fingerprinting a juvenile if latent fingerprints are found at a crime scene under certain circumstances.

Perdue, Sonny (18th) Marable, Richard O (52nd) Madden, Eddie M (47th)
Status Summary HC: PubS SC: Corr LA: 04/10/98 Signed by Governor
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10
Code Sections - 15-11-59/ 15-11-60/ 35-3-33
Senate Action House
1/14/98 Read 1st time 2/2/98
1/28/98 Favorably Reported 2/11/98
Am Committee Amend/Sub Am
1/29/98 Read 2nd Time 2/3/98
1/30/98 Read 3rd Time 3/10/98
1/30/98 Passed/Adopted 3/10/98
CA Comm/Floor Amend/Sub CA
3/19/98 Amend/Sub Agreed To
4/2/98 Sent To Governor
4/10/98 Signed by Governor
831 Act/Veto Number

SB 421 98                                            SB421/AP 
 
      SENATE BILL 421 
 
      By:  Senators Perdue of the 18th, Marable of the 52nd, 
           Madden of the 47th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 1 of Chapter 11 of Title 15 of the Official 
  1- 2  Code of Georgia Annotated, relating to juvenile court 
  1- 3  proceedings, so as to define a term; to limit access to 
  1- 4  juvenile fingerprint records to the administration of 
  1- 5  criminal justice; to require that all children charged with 
  1- 6  acts which would be a felony if committed by an adult be 
  1- 7  fingerprinted and photographed; to authorize fingerprinting 
  1- 8  a juvenile if latent fingerprints are found at a crime scene 
  1- 9  under certain circumstances; to require that fingerprints 
  1-10  and other information about juveniles be forwarded to the 
  1-11  Georgia Crime Information Center under certain 
  1-12  circumstances; to provide that inspection of the sealed 
  1-13  files may be permitted upon written petition to the court by 
  1-14  law enforcement officials for criminal justice purposes; to 
  1-15  authorize preservation of juvenile records beyond ten years 
  1-16  for identification purposes upon written application by law 
  1-17  enforcement officials for criminal justice purposes; to 
  1-18  amend Article 1 of Chapter 10 of Title 17 of the Official 
  1-19  Code of Georgia Annotated, relating to the procedure for 
  1-20  sentencing and imposition of punishment, so as to authorize 
  1-21  judges to use records of any previous juvenile dispositions 
  1-22  or evidence in sentencing a defendant for a felony; to amend 
  1-23  Article 2 of Chapter 3 of Title 35 of the Official Code of 
  1-24  Georgia Annotated, relating to the Georgia Crime Information 
  1-25  Center, so as to require the center to obtain and file 
  1-26  fingerprints and other information on persons who are 
  1-27  charged with certain acts and under other circumstances; to 
  1-28  provide for related matters; to provide an effective date; 
  1-29  to repeal conflicting laws; and for other purposes. 
 
  1-30       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-31                           SECTION 1. 
 
  1-32  Article 1 of Chapter 11 of Title 15 of the Official Code of 
  1-33  Georgia Annotated, relating to juvenile proceedings, is 
  1-34  amended in Code Section 15-11-2, relating to definitions, by 
  1-35  inserting after paragraph (4) a new paragraph (4.1) and 
 
 
 
                                 -1- 
 
 
 
  2- 1  after paragraph (8) a new paragraph (8.1) to read as 
  2- 2  follows: 
 
  2- 3      "(4.1) 'Criminal justice purposes' means the performance 
  2- 4      of any activity directly involving the investigation, 
  2- 5      detection, apprehension, detention, pretrial release, 
  2- 6      post-trial release, prosecution, adjudication, 
  2- 7      correctional supervision, or rehabilitation of children 
  2- 8      or adults who are accused, convicted of, or charged with 
  2- 9      crimes or the collection, storage, and dissemination of 
  2-10      criminal history record information." 
 
  2-11      "(8.1) 'Identification data' means the fingerprints, 
  2-12      name, race, sex, date of birth, and any other unique 
  2-13      identifiers of the juvenile." 
 
  2-14                           SECTION 2. 
 
  2-15  Said article is further amended by striking in its entirety 
  2-16  Code Section 15-11-59, relating to juvenile law enforcement 
  2-17  records, and inserting in lieu thereof a new Code Section 
  2-18  15-11-59 to read as follows: 
 
  2-19    "15-11-59. 
 
  2-20    (a) Except as provided in Code Section Sections 15-11-58 
  2-21    and 15-11-60, law enforcement records and files concerning 
  2-22    a child shall be kept separate from the records and files 
  2-23    of arrests of adults. 
 
  2-24    (b) Unless a charge of delinquency is transferred for 
  2-25    criminal prosecution under Code Section 15-11-39, or the 
  2-26    interest of national security requires, or the case is one 
  2-27    in which the general public may not be excluded from the 
  2-28    hearings under subsection (c) or (c.1) of Code Section 
  2-29    15-11-28, or the court otherwise orders in the interest of 
  2-30    the child, the records and files shall not be open to 
  2-31    public inspection nor shall their contents be disclosed to 
  2-32    the public. 
 
  2-33    (c) Inspection of the records and files is permitted by: 
 
  2-34      (1) A juvenile court having the child before it in any 
  2-35      proceeding; 
 
  2-36      (2) Counsel for a party to the proceedings, with the 
  2-37      consent of the court; 
 
  2-38      (3) The officers of public institutions or agencies to 
  2-39      whom the child is committed; 
 
 
 
 
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  3- 1      (4) Law enforcement officers of this state, the United 
  3- 2      States, or any other jurisdiction when necessary for the 
  3- 3      discharge of their official duties; 
 
  3- 4      (5) A court in which the child is convicted of a 
  3- 5      criminal offense, for the purpose of a presentence 
  3- 6      report or other dispositional proceeding; 
 
  3- 7      (6) Officials of penal institutions and other penal 
  3- 8      facilities to which the child is committed; 
 
  3- 9      (7) A parole board in considering the child's parole or 
  3-10      discharge or in exercising supervision over the child; 
  3-11      or 
 
  3-12      (8) Any school superintendent, principal, assistant 
  3-13      principal, school guidance counselor, school social 
  3-14      worker, school psychologist certified under Chapter 2 of 
  3-15      Title 20, or school law enforcement officer appointed 
  3-16      pursuant to Chapter 2, 3, or 8 of Title 20 when 
  3-17      necessary for the discharge of their his or her official 
  3-18      duties. 
 
  3-19    (d) The court shall allow authorized representatives of 
  3-20    the Department of Juvenile Justice, the Department of 
  3-21    Corrections, and the Council of Juvenile Court Judges to 
  3-22    inspect and copy law enforcement records for the purpose 
  3-23    of obtaining statistics on juveniles. 
 
  3-24    (e) Any law enforcement records and files involving an 
  3-25    offense over which the superior court shall have exclusive 
  3-26    jurisdiction as provided in paragraph (2) of subsection 
  3-27    (b) of Code Section 15-11-5 shall be kept and reported in 
  3-28    the same manner as the records and files of adults. 
 
  3-29    (f) Access to fingerprint records submitted to the Georgia 
  3-30    Bureau of Investigation pursuant to Code Section 15-11-60 
  3-31    shall be limited to the administration of criminal justice 
  3-32    purposes as defined in Code Section 15-11-2." 
 
  3-33                           SECTION 3. 
 
  3-34  Said article is further amended by striking in its entirety 
  3-35  Code Section 15-11-60, relating to when a child shall be 
  3-36  fingerprinted, and inserting in lieu thereof a new Code 
  3-37  Section 15-11-60 to read as follows: 
 
  3-38    "15-11-60. 
 
  3-39    (a) Every child charged with an act which would constitute 
  3-40    the offense of burglary be a felony if committed by an 
 
 
 
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  4- 1    adult and every child charged with the commission of any 
  4- 2    act which would be a designated felony or an offense over 
  4- 3    which the superior court has exclusive or concurrent 
  4- 4    jurisdiction, other than those status offender crimes as 
  4- 5    defined in Code Section 15-11-2, shall be fingerprinted 
  4- 6    and photographed upon being taken into custody. 
  4- 7    Fingerprints and photographs of children shall be taken 
  4- 8    and filed separately from those of adults by law 
  4- 9    enforcement officials to be used in investigating the 
  4-10    commission of crimes and to be made available as provided 
  4-11    in this article and as may be directed by the court. 
 
  4-12    (b) All juveniles sentenced to the custody of the 
  4-13    Department of Corrections shall be fingerprinted.  The 
  4-14    fingerprinting of juvenile inmates will be processed in 
  4-15    accordance with the Department of Corrections' policies 
  4-16    for adult inmates. 
 
  4-17    (c) Fingerprint files and photographs of children may be 
  4-18    inspected by law enforcement officers when necessary for 
  4-19    criminal justice purposes and for the discharge of their 
  4-20    official duties.  The names and addresses of children who 
  4-21    have been fingerprinted or photographed and the offense or 
  4-22    offenses charged shall be made available in the discretion 
  4-23    of the court to the appropriate department of family and 
  4-24    children services and school superintendent.  This 
  4-25    information may be disseminated by the appropriate school 
  4-26    superintendent to the child's teachers and counselors in 
  4-27    the superintendent's discretion.  Other inspections may be 
  4-28    authorized by the court in individual cases upon a showing 
  4-29    that it is necessary in the public interest. 
 
  4-30    (d) If a child has been charged with an offense that if 
  4-31    committed by an adult would be a felony, or if the case is 
  4-32    transferred to another court for prosecution, the child's 
  4-33    fingerprints, personal identification data, and other 
  4-34    pertinent information shall be forwarded to the Georgia 
  4-35    Crime Information Center of the Georgia Bureau of 
  4-36    Investigation.  The Georgia Crime Information Center shall 
  4-37    create a juvenile fingerprint file and enter the data into 
  4-38    the computerized criminal history files.  The Georgia 
  4-39    Bureau of Investigation shall act as the official state 
  4-40    repository for juvenile history data and is authorized to 
  4-41    disseminate such data for the purposes specified in Code 
  4-42    Section 15-11-59. 
 
  4-43    (d)(e) Upon application of the child, fingerprints and 
  4-44    photographs of a child shall be removed from the file and 
 
 
                                 -4- 
 
 
 
  5- 1    destroyed if a petition alleging delinquency is not filed 
  5- 2    or the proceedings are dismissed after either a petition 
  5- 3    is filed or the case is transferred to the juvenile court 
  5- 4    as provided in Code Section 15-11-13 or the child is 
  5- 5    adjudicated not to be a delinquent child.  The court shall 
  5- 6    notify the deputy director of the Georgia Crime 
  5- 7    Information Center when fingerprints and photographs are 
  5- 8    destroyed pursuant to this subsection, and the Georgia 
  5- 9    Bureau of Investigation shall treat such records in the 
  5-10    same manner as expunged records pursuant to subsection (c) 
  5-11    of Code Section 35-3-37. 
 
  5-12    (e)(f) Except as provided in this Code section, without 
  5-13    the consent of the judge, a child shall not be 
  5-14    photographed after he or she is taken into custody unless 
  5-15    the case is transferred to another court for prosecution. 
 
  5-16      (f)(g)(1) The name or picture of any child under the 
  5-17      jurisdiction of the juvenile court for the first time 
  5-18      shall not be made public by any news media, upon penalty 
  5-19      of contempt under Code Section 15-11-62, except as 
  5-20      authorized by an order of the court. 
 
  5-21      (2) It shall be mandatory upon the judge of the juvenile 
  5-22      court to release the name of any child who is under the 
  5-23      jurisdiction of the court for a second or subsequent 
  5-24      time.  No person, firm, or corporation shall be guilty 
  5-25      of any offense by making public the name or picture of 
  5-26      any such child." 
 
  5-27                           SECTION 4. 
 
  5-28  Said article is further amended by striking subsection (c) 
  5-29  of Code Section 15-11-61, relating to sealing of records, 
  5-30  and inserting in lieu thereof a new subsection (c) to read 
  5-31  as follows: 
 
  5-32    "(c) Upon the entry of the order the proceeding shall be 
  5-33    treated as if it had never occurred.  All index references 
  5-34    shall be deleted and the person, the court, the law 
  5-35    enforcement officers, and the departments shall properly 
  5-36    reply that no record exists with respect to the person 
  5-37    upon inquiry in any matter.  Copies of the order shall be 
  5-38    sent to each agency or official therein named and shall 
  5-39    also be sent to the deputy director of the Georgia Crime 
  5-40    Information Center.  Inspection of the sealed files and 
  5-41    records thereafter may be permitted by an order of the 
  5-42    court upon petition by the person who is the subject of 
  5-43    the records and only by those persons named in the order 
 
 
                                 -5- 
 
 
 
  6- 1    or to criminal justice officials upon petition to the 
  6- 2    court for official judicial enforcement or criminal 
  6- 3    justice purposes." 
 
  6- 4                           SECTION 5. 
 
  6- 5  Said article is further amended by striking subsection (c) 
  6- 6  of Code Section 15-11-65, relating to juvenile court as a 
  6- 7  court of inquiry, and inserting in lieu thereof a new 
  6- 8  subsection (c) to read as follows: 
 
  6- 9    "(c) Records. Subject to the earlier sealing of certain 
  6-10    records pursuant to Code Section 15-11-61, the juvenile 
  6-11    court shall make and keep records of all cases brought 
  6-12    before it and shall preserve the records pertaining to a 
  6-13    child until ten years after the last entry was made. 
  6-14    Thereafter, the court may destroy such records, except 
  6-15    that records of cases where orders were entered 
  6-16    permanently depriving a parent of the custody of a child 
  6-17    and records of cases involving a petition for legitimation 
  6-18    of a child filed pursuant to Code Section 19-7-22 shall be 
  6-19    preserved permanently.  The court shall notify the deputy 
  6-20    director of the Georgia Crime Information Center upon the 
  6-21    destruction of any such felony records.  The juvenile 
  6-22    court shall make official minutes consisting of all 
  6-23    petitions and orders filed in a case and any other 
  6-24    pleadings, certificates, proofs of publication, summonses, 
  6-25    warrants, and other writs which may be filed therein and 
  6-26    shall make social records consisting of records of 
  6-27    investigation and treatment and other confidential 
  6-28    information.  The provisions of this subsection 
  6-29    notwithstanding, identification data shall be maintained 
  6-30    and shall be disseminated to criminal justice officials 
  6-31    for official judicial enforcement or criminal justice 
  6-32    purposes as provided in Code Section 35-3-33." 
 
  6-33                           SECTION 6. 
 
  6-34  Article 1 of Chapter 10 of Title 17 of the Official Code of 
  6-35  Georgia Annotated, relating to the procedure for sentencing 
  6-36  and imposition of punishment, is amended by adding a new 
  6-37  subsection (e) immediately following subsection (d) of Code 
  6-38  Section 17-10-1, relating to the fixing of a sentence, to 
  6-39  read as follows: 
 
  6-40    "(e) In any case involving a felony in which the defendant 
  6-41    previously appeared before a juvenile court, the records 
  6-42    of the dispositions of the defendant as well as any 
  6-43    evidence used in any juvenile court hearing shall be 
 
 
                                 -6- 
 
 
 
  7- 1    available to the district attorney, the defendant, and 
  7- 2    the superior court judge in determining sentencing as 
  7- 3    provided in Code Section 15-11-38." 
 
  7- 4                           SECTION 7. 
 
  7- 5  Article 2 of Chapter 3 of Title 35 of the Official Code of 
  7- 6  Georgia Annotated, relating to the Georgia Crime Information 
  7- 7  Center, is amended by striking in its entirety Code Section 
  7- 8  35-3-33, relating to powers and duties of the center 
  7- 9  generally, and inserting in lieu thereof a new Code section 
  7-10  to read as follows: 
 
  7-11    "35-3-33. 
 
  7-12    (a) The center shall: 
 
  7-13      (1) Obtain and file fingerprints, descriptions, 
  7-14      photographs, and any other pertinent identifying data on 
  7-15      persons who: 
 
  7-16        (A) Have been or are hereafter arrested or taken into 
  7-17        custody in this state: 
 
  7-18          (i) For an offense which is a felony; 
 
  7-19          (ii) For an offense which is a misdemeanor or a 
  7-20          violation of an ordinance involving burglary tools, 
  7-21          commercial gambling, dealing in gambling devices, 
  7-22          contributing to the delinquency of a child, dealing 
  7-23          in stolen property, dangerous drugs, marijuana, 
  7-24          narcotics, firearms, dangerous weapons, explosives, 
  7-25          pandering, prostitution, sex offenses where children 
  7-26          are victims, or worthless checks; 
 
  7-27          (iii) For an offense charged as disorderly conduct 
  7-28          but which relates to an act connected with one or 
  7-29          more of the offenses under division (ii) of this 
  7-30          subparagraph; 
 
  7-31          (iv) As a fugitive from justice; or 
 
  7-32          (v) For any other offense designated by the Attorney 
  7-33          General; 
 
  7-34        (B) Are or become career criminals, well-known 
  7-35        offenders, or habitual offenders; 
 
  7-36        (C) Are currently or become confined to any prison, 
  7-37        penitentiary, or other penal institution; or 
 
  7-38        (D) Are unidentified human corpses found in this 
  7-39        state; or 
 
 
                                 -7- 
 
 
 
  8- 1        (E) Are children who are charged with an offense that 
  8- 2        if committed by an adult would be a felony or are 
  8- 3        children whose cases are transferred from a juvenile 
  8- 4        court to another court for prosecution; 
 
  8- 5      (2) Compare all fingerprint and other identifying data 
  8- 6      received with those already on file and, whether or not 
  8- 7      a criminal record is found for a person, at once inform 
  8- 8      the requesting agency or arresting officer of such facts 
  8- 9      as may be disseminated consistent with applicable 
  8-10      security and privacy laws and regulations. A log shall 
  8-11      be maintained of all disseminations made of each 
  8-12      individual criminal history including at least the date 
  8-13      and recipient of such information; 
 
  8-14      (3) Provide a uniform crime reporting system for the 
  8-15      periodic collection, analysis, and reporting of crimes 
  8-16      reported to and otherwise processed by any and all law 
  8-17      enforcement agencies within the state, as defined and 
  8-18      provided for in this article; 
 
  8-19      (4) Develop procedures for periodically auditing crime 
  8-20      reporting practices of local law enforcement agencies to 
  8-21      ensure compliance with the standards of national and 
  8-22      state uniform crime reporting systems; 
 
  8-23      (5) Develop, operate, and maintain an information system 
  8-24      which will support the collection, storage, retrieval, 
  8-25      and dissemination of all crime and offender data 
  8-26      described in this article consistent with those 
  8-27      principles of scope, security, and responsiveness 
  8-28      prescribed by this article; 
 
  8-29      (6) Cooperate with all criminal justice agencies within 
  8-30      the state in providing those forms, procedures, 
  8-31      standards, and related training assistance necessary for 
  8-32      the uniform operation of the center; 
 
  8-33      (7) Offer assistance and, when practicable, instruction 
  8-34      to all local law enforcement agencies in establishing 
  8-35      efficient local records systems; 
 
  8-36      (8) Compile statistics on the nature and extent of crime 
  8-37      in the state and compile other data related to planning 
  8-38      for and operating criminal justice agencies, provided 
  8-39      that such statistics do not identify persons, and make 
  8-40      available all such statistical information obtained to 
  8-41      the Governor, the General Assembly, and any other 
  8-42      governmental agencies whose primary responsibilities 
 
 
 
                                 -8- 
 
 
 
  9- 1      include the planning, development, or execution of crime 
  9- 2      reduction programs. Access to such information by the 
  9- 3      latter governmental agencies will be on an individual, 
  9- 4      written request basis wherein must be demonstrated a 
  9- 5      need to know, the intent of any analyses, dissemination 
  9- 6      of such analyses, and any security provisions deemed 
  9- 7      necessary by the center; 
 
  9- 8      (9) Periodically publish statistics, no less frequently 
  9- 9      than annually, that do not identify persons, agencies, 
  9-10      corporations, or other legal entities and report such 
  9-11      information to the Governor, the General Assembly, state 
  9-12      and local criminal justice agencies, and the general 
  9-13      public. Such information shall accurately reflect the 
  9-14      level and nature of crime in the state and the 
  9-15      operations in general of the different types of agencies 
  9-16      within the criminal justice system; 
 
  9-17      (10) Make available, upon request, to all local and 
  9-18      state criminal justice agencies, all federal criminal 
  9-19      justice agencies, and criminal justice agencies in other 
  9-20      states any information in the files of the center which 
  9-21      will aid these agencies in the performance of their 
  9-22      official duties. For this purpose the center shall 
  9-23      operate on a 24 hour basis, seven days a week. Such 
  9-24      information when authorized by the council may also be 
  9-25      made available to any other agency of the state or 
  9-26      political subdivision of the state and to any other 
  9-27      federal agency upon assurance by the agency concerned 
  9-28      that the information is to be used for official purposes 
  9-29      only in the prevention or detection of crime or the 
  9-30      apprehension of criminal offenders; 
 
  9-31      (11) Cooperate with other agencies of the state, the 
  9-32      crime information agencies of other states, and the 
  9-33      Uniform Crime Reports and National Crime Information 
  9-34      Center systems of the Federal Bureau of Investigation in 
  9-35      developing and conducting an interstate, national, and 
  9-36      international system of criminal identification, 
  9-37      records, and statistics; 
 
  9-38      (12) Provide the administrative mechanisms and 
  9-39      procedures necessary to respond to those individuals who 
  9-40      file requests to view their own records as provided for 
  9-41      in this article and to cooperate in the correction of 
  9-42      the central center records and those of contributing 
  9-43      agencies when their accuracy has been successfully 
  9-44      challenged either through the related contributing 
 
 
                                 -9- 
 
 
 
 10- 1      agencies or by court order issued on behalf of the 
 10- 2      individual; 
 
 10- 3      (13) Institute the necessary measures in the design, 
 10- 4      implementation, and continued operation of the criminal 
 10- 5      justice information system to ensure the privacy and 
 10- 6      security of the system. This will include establishing 
 10- 7      complete control over use and access of the system and 
 10- 8      restricting its integral resources and facilities to 
 10- 9      those either possessed or procured and controlled by 
 10-10      criminal justice agencies as defined in this article. 
 10-11      Such security measures must meet standards to be set by 
 10-12      the council as well as those set by the nationally 
 10-13      operated systems for interstate sharing of information; 
 10-14      and 
 
 10-15      (14) Provide availability, by means of data processing, 
 10-16      to files listing motor vehicle drivers' license numbers, 
 10-17      motor vehicle registration numbers, wanted and stolen 
 10-18      motor vehicles, outstanding warrants, identifiable 
 10-19      stolen property, and such other files as may be of 
 10-20      general assistance to law enforcement agencies; and. 
 
 10-21    (15)(b) Criminal justice agencies shall furnish upon 
 10-22    written request and without charge to any local fire 
 10-23    department in this state a copy, processed under purpose 
 10-24    code 'J', of the criminal history record information of an 
 10-25    applicant for employment. 
 
 10-26    (c) The provisions of this article notwithstanding, 
 10-27    information and records of juveniles shall only be 
 10-28    inspected and disclosed as provided in Code Sections 
 10-29    15-11-59 and 15-11-60.  Such records and information shall 
 10-30    be destroyed according to the procedures outlined in Code 
 10-31    Sections 15-11-61 and 15-11-65." 
 
 10-32                           SECTION 8. 
 
 10-33  This Act shall become effective on July 1, 1998. 
 
 10-34                           SECTION 9. 
 
 10-35  All laws and parts of laws in conflict with this Act are 
 10-36  repealed. 
 
 
 
 
 
 
 
 
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Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/28/98

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