06 LC
35 0212
House
Bill 1604
By:
Representative Smyre of the
132nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating
to credit cards and credit card banks, so as to authorize qualifying
organizations to conduct criminal background checks through fingerprint
comparisons; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards
and credit card banks, is amended by adding a new section immediately following
Code Section 7-5-6 to read as follows:
"7-5-7.
(a)
As used in this Code section, the term 'conviction' means any finding or verdict
of guilt, plea of guilty, or plea of nolo contendere, regardless of whether an
appeal of the conviction has been sought.
(b)
A qualifying organization shall be authorized to obtain conviction data through
fingerprint comparisons when conducting criminal background checks of its
officials or employees or applicants for appointment or employment. Fingerprint
comparisons shall be conducted in accordance with Code Section 35-3-34 based
upon the submission of fingerprints of the person whose records are requested.
The qualifying organization shall submit to the Georgia Crime Information Center
two complete sets of fingerprints of the official, employee, or applicant, the
required records search fee, and such other information as may be required.
Upon receipt thereof, the Georgia Crime Information Center shall promptly
transmit one set of fingerprints to the Federal Bureau of Investigation for a
search of bureau records and an appropriate report and shall retain the other
set and promptly conduct a search of its own records and records to which it has
access. The Georgia Crime Information Center shall notify the qualifying
organization in writing of any conviction data found, including any conviction
data regarding the fingerprint records check, or if there is no such
finding.
(c)
All conviction data received by the qualifying organization shall be used by it
for the exclusive purpose of making employment decisions, shall not be a public
record, shall be privileged, and shall not be disclosed to any other person or
agency except to any person or agency which otherwise has a legal right to
inspect the employment file. All such records shall be maintained by the
qualifying organization pursuant to laws regarding such records and the rules
and regulations of the Federal Bureau of Investigation and the Georgia Crime
Information Center, as may be
applicable."
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.