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Official Opinion 2006-2

Official Opinion 2006-2

October 16, 2006
To: 

Deputy Director, Georgia Crime Information Center

Re: 

Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.

You have requested my opinion concerning whether any of the following misdemeanor offenses enacted during the 2005 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. Additionally, you have identified two statutes enacted during the 2004 Session which have not been previously addressed.

The 2005 offenses include: O.C.G.A. § 10-1-679.15 (recreational vehicle dealers); O.C.G.A. § 16-9-102(a) (initiation of deceptive commercial e-mail); O.C.G.A. § 16-12-2(a) (smoking in public places); O.C.G.A. § 16-12-38(b)(3) (pyramid promotional schemes); O.C.G.A. § 16-12-120(a.1)(3) (certain acts in public transit buses, rail cars and stations); O.C.G.A. § 16-13-30.3(b.1)(6)(B) and (C) (restrictions on the sale or purchase of products containing pseudoephedrine); O.C.G.A. § 16-13-30.4(g)(3)(B) (licenses, reporting and recordkeeping requirements for products containing pseudoephedrine ); O.C.G.A. § 40-2-6.1 (obscuring license plate in order to impede surveillance equipment); O.C.G.A. § 40-8-90(a)(2) (restrictions on use of blue lights on vehicles); O.C.G.A. § 43-4B-21(d) (promotion of unarmed combat); O.C.G.A. § 43-4B-53(d) (regulation of martial arts and wrestling in regard to participation by felons and persons convicted of crime of moral turpitude); and O.C.G.A. § 43-21A-10 (violations related to the regulation of the profession of industrial hygiene, health physics, and safety). The 2004 offenses include: O.C.G.A. § 43-41-12(c) (penalty for architect or engineer using non-licensed personnel); and O.C.G.A. § 43 41 14 (penalty for violations involving building inspectors). In addition to the list of fingerprintable offenses mandated by statute, O.C.G.A. § 35-3-33(a)(1)(A)(v) provides that the Attorney General may designate any other offense as one for which those charged with violations are to be fingerprinted.

The first misdemeanor offense is O.C.G.A. § 10-1-679.15. That Code section provides that it shall be a misdemeanor for any person to violate provisions of an act regulating sellers of recreational vehicles. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.

The second misdemeanor offense is O.C.G.A. § 16-9-102. That Code section provides graduated penalties for deceptive commercial e-mail (spam e-mails). Offenses ripen into felonies based on the amount of e-mail sent or upon subsequent violations of the statutory scheme. I hereby designate offenses arising under O.C.G.A. § 16-9-102 as offenses for which those charged are to be fingerprinted.

The third misdemeanor offense is O.C.G.A. § 16-12-2(a). That Code section provides that smoking tobacco in public places shall be a misdemeanor with a maximum penalty of a $500 fine. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.

The fourth misdemeanor offense is O.C.G.A. § 16-12-38(b)(3). That Code section provides that it shall be a misdemeanor of a high and aggravated nature to participate in a pyramid promotional scheme. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16-12-38(b)(3) as offenses for which those charged are to be fingerprinted.

The fifth misdemeanor offense is O.C.G.A. § 16-12-120(a.1)(3). That Code section provides that it shall be a misdemeanor to solicit money, sell goods or distribute handbills on a bus or rapid transit car or in a bus or transit station. The maximum penalty for repeat offenders is a fine of $250 or imprisonment for up to ten days. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.

The sixth misdemeanor offense is O.C.G.A. § 16-13-30.3(b.1)(6)(B). That Code section provides that it shall be a misdemeanor for any person to sell products whose sole active ingredient is pseudoephedrine by self-service or in quantities of more than three packages in a single sale. The maximum penalty for subsequent offenses is six months imprisonment or a fine of up to $1,000. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.

The seventh misdemeanor offense is O.C.G.A. § 16-13-30.3(b.1)(6)(C). That Code section provides that it shall be a misdemeanor for a retail distributor to purchase pseudoephedrine from other than a licensed manufacturer or wholesaler. Subsequent offenses make the offense a misdemeanor of a high and aggravated nature. I hereby designate offenses arising under O.C.G.A. § 16-13-30.3(b.1)(6)(C) as offenses for which those charged are to be fingerprinted.

The eighth misdemeanor offense is O.C.G.A. § 16-13-30.4(g)(3)(B). That Code section provides that it shall be a misdemeanor to distribute pseudoephedrine at wholesale without being properly licensed and complying with recordkeeping requirements for wholesalers. Subsequent offenses make the offense a misdemeanor of a high and aggravated nature. I hereby designate offenses arising under O.C.G.A. § 16-13-30.4(g)(3)(B) as offenses for which those charged are to be fingerprinted.

The ninth misdemeanor offense is O.C.G.A. § 40-2-6.1. That Code section provides that it shall be a misdemeanor to cover a license plate with any material to impede the ability of surveillance equipment to clearly photograph the license plate. The penalty is a fine not to exceed $1,000. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.

The tenth misdemeanor offense is O.C.G.A. § 40-8-90(a)(2). That Code section provides that it shall be a misdemeanor to use flashing, blinking, revolving, or stationary blue lights on a motor vehicle. I hereby designate offenses arising under O.C.G.A. § 40-8-90(a)(2) as offenses for which those charged are to be fingerprinted. The eleventh misdemeanor offense is O.C.G.A. § 43-4B-21(d). That Code section provides that it shall be an offense to be a promoter of unarmed combat. Penalties are graduated from misdemeanor for first offense to felony for third offense. I hereby designate offenses arising under O.C.G.A. § 43-4B-21(d) as offenses for which those charged are to be fingerprinted.

The twelfth misdemeanor offense is O.C.G.A. § 43-4B-53(d). That Code section provides that it shall be an offense for a convicted felon or a person convicted of a crime of moral turpitude to be involved in the operation or regulation of any martial arts or wrestling business. Penalties are graduated from misdemeanor of a high and aggravated nature for first offense to felony for second and subsequent offenses. I hereby designate offenses arising under O.C.G.A. § 43-4B-53(d) as offenses for which those charged are to be fingerprinted.

The thirteenth offense is O.C.G.A. § 43-21A-10. That Code section provides that it shall be a misdemeanor to violate the “Industrial Hygiene, Health Physics, and Safety Profession Recognition and Title Protection Act.” The maximum penalty is a fine not to exceed $1,000. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.

The fourteenth misdemeanor offense is O.C.G.A. § 43-41-12(c). That Code section provides that it shall be a misdemeanor to violate provisions of the licensing act regulating residential and general contractors. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.

The fifteenth misdemeanor offense is O.C.G.A. § 43-41-14. That Code section provides that it shall be a misdemeanor to issue a building permit to an unlicensed residential or general contractor. The maximum penalty is a fine not to exceed $500. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.

I trust that my revisions of the specific designations of those offenses for which persons charged with violations are to be fingerprinted will aid you in discharging your duties pursuant to the Georgia Crime Information Act.

Prepared by:

 

JOSEPH DROLET
Senior Assistant Attorney General