06 LC
35 0135
House
Bill 1335
By:
Representatives Day of the
163rd,
Crawford of the
127th,
Amerson of the
9th,
Horne of the
71st,
Hanner of the
148th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 35-3-34.1 of the Official Code of Georgia Annotated, relating
to the circumstances when an exonerated first
offendeŕs
criminal record may be disclosed, so as to permit state or local law enforcement
units to review first offender record information when hiring a law enforcement
officer; to amend Code Section 42-8-63.1 of the Official Code of Georgia
Annotated, relating to first offender probation discharges that disqualify
individuals from employment, so as to permit consideration of such a discharge
when employing a law enforcement officer; to change certain provisions relating
to the disqualification of individuals from employment based on first offender
probation discharge information and the disclosure of exonerated first offender
records; 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.
Code
Section 35-3-34.1 of the Official Code of Georgia Annotated, relating to the
circumstances when an exonerated first
offendeŕs
criminal record may be disclosed, is amended by striking "or" from the end of
paragraph (3), by striking the period and inserting in its place "; or" at the
end of paragraph (4), and by inserting a new paragraph (5) to read as
follows:
"(5)
The request for information is an inquiry about a person who is an applicant,
candidate, or peace officer as defined in Code Section 35-8-2, and the person
who is the subject of the inquiry to the center was prosecuted for a felony or
crime involving moral
turpitude."
SECTION
2.
Code
Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to first
offender probation discharges that disqualify individuals from employment, is
amended by striking "or" from the end of paragraph (3), by striking the period
and inserting in its place "; or" at the end of paragraph (4), and by inserting
a new paragraph (5) to read as follows:
"(5)
The employment is with a state or local law enforcement unit as an applicant,
candidate, or peace officer as defined in Code Section 35-8-2 and the defendant
was discharged under this article after prosecution for a felony offense or a
crime involving moral
turpitude."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.