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HB 613 - GCIC; certain criminal records; electronic dissemination

Jenkins, Curtis S (110th)	Porter, DuBose (143rd)	Holland, Ray (157th)

Status Summary	HC:	PubS	SC:	PUBS	FR:	02/12/99	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that under certain conditions the Georgia Crime Information Center is authorized to disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences to private persons, businesses, public agencies, and political subdivisions upon request without fingerprint comparison or consent of the person whose records are requested; and for other purposes.

HB 613                                             LC 10 2737 
 
 
 
 
 
 
                        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 that under certain 
  1- 4  conditions the Georgia Crime Information Center is 
  1- 5  authorized to disseminate electronically criminal history 
  1- 6  records of in-state felony convictions, pleas, and sentences 
  1- 7  to private persons, businesses, public agencies, and 
  1- 8  political subdivisions upon request without fingerprint 
  1- 9  comparison or consent of the person whose records are 
  1-10  requested; to repeal conflicting laws; and for other 
  1-11  purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Article 2 of Chapter 3 of Title 35 of the Official Code of 
  1-15  Georgia Annotated, relating to the Georgia Crime Information 
  1-16  Center, is amended by striking in its entirety paragraph (1) 
  1-17  of subsection (a) of Code Section 35-3-34, relating to 
  1-18  dissemination of certain criminal history records to private 
  1-19  persons and businesses, and inserting in lieu thereof a new 
  1-20  paragraph (1) to read as follows: 
 
  1-21      "(1) Make criminal history records maintained by the 
  1-22      center available to private persons and businesses under 
  1-23      the following conditions: 
 
  1-24        (A) Private individuals and businesses requesting 
  1-25        criminal history records shall, at the time of the 
  1-26        request, provide the fingerprints of the person whose 
  1-27        records are requested or provide a signed consent of 
  1-28        the person whose records are requested on a form 
  1-29        prescribed by the center which shall include such 
  1-30        person's full name, address, social security number, 
  1-31        and date of birth; and 
 
  1-32        (B) The center may not provide records of arrests, 
  1-33        charges, and sentences for crimes relating to first 
  1-34        offenders pursuant to Article 3 of Chapter 8 of Title 
 
 
                                 -1- 
 
 
 
  2- 1        42 in cases where offenders have been exonerated and 
  2- 2        discharged without court adjudications of guilt, 
  2- 3        except as specifically authorized by law; or and 
 
  2- 4        (C) When the identifying information provided is 
  2- 5        sufficient to identify persons whose records are 
  2- 6        requested electronically, the center may disseminate 
  2- 7        electronically criminal history records of in-state 
  2- 8        felony convictions, pleas, and sentences without: 
 
  2- 9          (i) Fingerprint comparison; or 
 
  2-10          (ii) Consent of the person whose records are 
  2-11          requested; or". 
 
  2-12                           SECTION 2. 
 
  2-13  Said article is further amended by striking in its entirety 
  2-14  paragraph (1) of subsection (a) of Code Section 35-3-35, 
  2-15  relating to dissemination of certain criminal history 
  2-16  records to public agencies and political subdivisions, and 
  2-17  inserting in lieu thereof a new paragraph (1) to read as 
  2-18  follows: 
 
  2-19      "(1) Make criminal history records maintained by the 
  2-20      center available to public agencies, political 
  2-21      subdivisions, authorities, and instrumentalities, 
  2-22      including state or federal licensing and regulatory 
  2-23      agencies or their designated representatives, under the 
  2-24      following conditions: 
 
  2-25        (A) Public agencies or political subdivisions shall, 
  2-26        at the time of the request, provide the fingerprints 
  2-27        of the person whose records are requested or provide a 
  2-28        signed consent of the person whose records are 
  2-29        requested on a form prescribed by the center which 
  2-30        shall include such person's full name, address, social 
  2-31        security number, and date of birth; and 
 
  2-32        (B) The center may not provide records of arrests, 
  2-33        charges, or sentences for crimes relating to first 
  2-34        offenders pursuant to Article 3 of Chapter 8 of Title 
  2-35        42 in cases where offenders have been exonerated and 
  2-36        discharged without court adjudications of guilt, 
  2-37        except as specifically authorized by law; and 
 
  2-38        (C) When the identifying information provided is 
  2-39        sufficient to identify persons whose records are 
  2-40        requested electronically, the center may disseminate 
 
 
 
 
                                 -2- 
 
 
 
  3- 1        electronically criminal history records of in-state 
  3- 2        felony convictions, pleas, and sentences without: 
 
  3- 3          (i) Fingerprint comparison; or 
 
  3- 4          (ii) Consent of the person whose records are 
  3- 5          requested;". 
 
  3- 6                           SECTION 3. 
 
  3- 7  All laws and parts of laws in conflict with this Act are 
  3- 8  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-