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Official Opinion 2010-2

Official Opinion 2010-2

March 23, 2010
To: 

Deputy Director
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, in your letter of October 16, 2009, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2009 Session of the General Assembly    and three misdemeanor offenses enacted during the 2007 and 2008 legislative sessions, should be designated as offenses for which persons charged with violations are to be fingerprinted. 

Those offenses include: O.C.G.A. § 20‑2‑161.3(i) (issuance or acceptance of a false statement or misrepresentation that enables an eligible institution to wrongfully obtain any payment under the “Move on When Ready Act”); O.C.G.A. § 40‑2‑140 (penalties for noncompliance with requirements of registration and payment of fees by motor carriers pursuant to the federal “Unified Carrier Registration Act of 2005” and noncompliance with orders, rules, or regulations of the Public Service Commission, Department of Public Safety, or Department of Revenue); O.C.G.A. § 46‑7‑39 (penalties for violations of Georgia law regulating motor carriers or orders, rules or regulations of the Public Service Commission, Department of Public Safety, or Department of Revenue); O.C.G.A. § 48‑2‑35.1(c)(3) (penalties for taxpayers’ fraudulently obtained refunds); O.C.G.A. § 16‑9‑4(c)(5) (penalties for persons under 21 years of age who utilize false identification to obtain entry into an age-restricted facility or to purchase an age-restricted product); O.C.G.A. § 16‑11‑127(f) (prohibitions on alcoholic beverage consumption by persons licensed or permitted to carry firearms in a restaurant or eating establishment while carrying a firearm); and O.C.G.A. § 16‑11‑39.2(b) (unlawful conduct during a 9-1-1 telephone call).

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. § 20‑2‑161.3(i).  That Code section provides that it shall be a misdemeanor to knowingly make or accept a false statement or misrepresentation in order to enable an eligible institution to wrongfully obtain any payment under the “Move on When Ready Act.”  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 20‑2‑161.3(i) as offenses for which those charged are to be fingerprinted.

The second misdemeanor offense is O.C.G.A. § 40‑2‑140.  That Code section provides that it shall be a misdemeanor for any foreign or domestic motor carrier, leasing company leasing to a motor carrier, broker or freight forwarder, who is engaged in interstate commerce, to (1) fail to comply with or aid and abet in the failure to comply with the registration and fee payment requirements of the federal “Unified Carrier Registration Act of 2005,” and (2) fail to comply with or aid or abet in the failure to comply with any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue.  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 third misdemeanor offense is O.C.G.A. § 46‑7‑39.   That Code section provides that it shall be a misdemeanor for any person to fail to comply with or aid or abet in the failure to comply with Georgia law regulating motor carriers; or any order, rule or regulation of the Public Service Commission, Department of Public Safety, or the Department of Revenue.  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. § 48‑2‑35.1(c)(3).  That Code section provides that it shall be a misdemeanor if a person obtains all or part of the excessive amount of his or her sales or use tax refund claim based upon a patently improper position that is knowingly and willfully advanced in bad faith.  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 fifth misdemeanor offense is O.C.G.A. § 16‑9‑4(c)(5). That Code section provides that it shall be a misdemeanor for the first offense and a misdemeanor of a high and aggravated nature for the second offense for any person under 21 years of age to knowingly possess, display, or use any false identification for the purpose of obtaining entry into an age-restricted facility or purchasing any age-restricted consumable good.  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. § 16‑11‑127(f).  That Code section provides that it shall be a misdemeanor for a licensed firearm carrier to consume an alcoholic beverage in a restaurant or eating establishment while carrying a firearm.  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. § 16‑11‑39.2(b).  That Code section provides that it shall be a misdemeanor to commit the offense of unlawful conduct during a 9-1-1 call.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑11‑39.2(b) as offenses 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:

DESTINY S. WASHINGTON

Assistant Attorney General