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Official Opinion 2010-6

Official Opinion 2010-6

November 23, 2010
To: 

Deputy Director
Georgia Crime Information Center

Re: 

Updating of crimes and offenses for which the GeorgiaCrimeInformationCenter is authorized to collect and file fingerprints.

You have requested, in your letter of July 1, 2010, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2010 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted.

Those offenses include: O.C.G.A. § 12‑3‑10(o)(1) (prohibited activities in parks, historic sites or recreational areas); O.C.G.A. § 16‑9‑154(a) (prohibited activities with regard to computers); O.C.G.A. § 16‑11‑127(b) (carrying weapons or long guns in unauthorized locations); O.C.G.A. § 16‑11‑129(e) (possession of revoked weapons carry license); O.C.G.A. § 20‑2‑1181 (disruption or interference with the operation of a public school, public school bus, or public school bus stop); O.C.G.A. § 27‑3‑1.1(1)-(2) (prohibited activities in wildlife management areas); O.C.G.A. § 27‑3‑2 (prohibitions on hunting at night); O.C.G.A. § 27‑3‑6 (possession of a firearm while hunting with a bow and arrow); O.C.G.A. § 27‑3‑19.1(a) (regulation of the exporting, farming, and selling of freshwater turtles); O.C.G.A. § 27‑3‑28(a) (possession of native wildlife killed by a motor vehicle); O.C.G.A. § 27‑3‑63(a)(1) (prohibitions on trapping, trappers and fur dealers); O.C.G.A. § 27‑3‑181(b) (use of fertility control on wildlife); O.C.G.A. § 27‑4‑11.1(a)(1)-(2) (possession of firearms in public fishing areas); O.C.G.A. § 40‑5‑30(c) (restricted driver’s licenses); O.C.G.A. § 40‑5‑120(5) (unlawful use of driver’s license or identification card; O.C.G.A. § 40‑6‑77(b) (penalties for causing serious injury via motor vehicle due to right-of-way violation resulting in collision with motorcyclist, pedestrian, bicyclist or farmer vehicles transporting agriculture products); O.C.G.A. § 40‑6‑241.2 (prohibitions on use of wireless communications devices while operating a motor vehicle); O.C.G.A. § 40‑6‑250 (prohibitions on wearing headsets or headphones while operating a motor vehicle); O.C.G.A. § 42‑1‑18(b) (prohibition on photographing a minor without the minor’s parental consent); O.C.G.A. § 43‑4A‑4 (prohibitions on acting as an athlete agent); O.C.G.A. § 43‑24A‑15(d) (prohibitions on providers of massage therapy services).

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. § 12‑3‑10(o)(1).  That Code section provides that it shall be a misdemeanor for any person to use or possess, in any park, historical site, or recreational area, any fireworks, explosives, or firecrackers, unless properly stored or approved by the commissioner of the Department of Natural Resources.  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. § 16‑9‑154(a).  That Code section provides that it shall be a misdemeanor for any unauthorized user to prevent reasonable efforts to block the installation or disabling of a file-sharing program on a computer or to install a file-sharing program onto a computer in certain circumstances.  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. § 16‑11‑127(b).   That Code section provides that it shall be a misdemeanor for any person to carry a weapon or long gun while in a government building, courthouse, jail or prison, place of worship, state mental health facility, bar (in certain circumstances), nuclear power facility, or within one hundred and fifty feet of a polling place.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑11‑127 as offenses for which those charged are to be fingerprinted.

The fourth misdemeanor offense is O.C.G.A. § 16‑11‑129(e).   That Code section provides that it shall be a misdemeanor for any person to possess a revoked weapons carry license, unless in the performance of his or her official duties.   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. § 20‑2‑1181. That Code section provides that it shall be a misdemeanor for any person to knowingly, intentionally, or recklessly disrupt or interfere with the operation of a public school, public school bus or public school bus stop.  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. § 27‑3‑1.1(1)-(2).  That Code section provides that it shall be a misdemeanor for any person to possess a firearm or handgun, in a wildlife management area, in certain circumstances.  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. § 27‑3‑2.  That Code section provides that it shall be a misdemeanor for any person to hunt at night any game bird or game animal except for alligator, raccoon, opossum, fox and bobcat.  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 eighth misdemeanor offense is O.C.G.A. § 27‑3‑6.  That Code section provides that it shall be a misdemeanor for any person to possess certain firearms while hunting with a bow and arrow or muzzle-loading 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 ninth misdemeanor offense is O.C.G.A. § 27‑3‑19.1(a).  That Code section provides that it shall be a misdemeanor for any person to export, farm, or sell any freshwater turtle or part thereof, except in accordance with rules and regulation of the Department of Natural Resources.  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. § 27‑3‑28(a).  That Code section provides that it shall be a misdemeanor for any person to take possession of any animal, killed in a motor vehicle accident, which is of a species that has been designated as a protected species.  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 eleventh misdemeanor offense is O.C.G.A. § 27‑3‑63(a)(1).  That Code section provides that it shall be a misdemeanor for any person, except certain persons licensed to trap beaver, to trap any wildlife upon the right of way of any public road or highway in this state.  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 twelfth misdemeanor offense is O.C.G.A. § 27‑3‑181(b).  That Code section provides that it shall be a misdemeanor for any person to apply fertility control to any wildlife, except in accordance with a wildlife fertility control permit and rules of the Department of Natural Resources.  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 thirteenth misdemeanor offense is O.C.G.A. § 27‑4‑11.1(a)(1)-(2).  That Code section provides that it shall be a misdemeanor for any person to possess a firearm or handgun, in a public fishing area, in certain circumstances.  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. § 40‑5‑30(c).  That Code section provides that it shall be a misdemeanor for any person to operate a motor vehicle in violation of the restrictions imposed in a restricted driver’s license issued to him or her.  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. § 40‑5‑120(5).  That Code section provides that it shall be a misdemeanor for any person to scan another person’s driver’s license or identification card without the person’s prior knowledge or consent.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 40‑5‑120(5) as offenses for which those charged are to be fingerprinted.

The sixteenth misdemeanor offense is O.C.G.A. § 40‑6‑77(b).  That Code section provides that it shall be a misdemeanor for any person to cause serious injury to another person as a result of a collision with a motorcyclist, bicyclist, pedestrian, or farmer transporting vehicle by committing a right-of-way violation when such motorcyclist, bicyclist, pedestrian, or driver of the farmer transporting vehicle are not at fault for the collision.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 40‑6‑77(b) as offenses for which those charged are to be fingerprinted.

The seventeenth misdemeanor offense is O.C.G.A. § 40‑6‑241.2.  That Code section provides that it shall be a misdemeanor for any person who is 18 years of age or older or who holds a Class C driver’s license to operate a motor vehicle on a public road or highway of this state while using a wireless communication device to write, send or read  any text-based communication.  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 eighteenth misdemeanor offense is O.C.G.A. § 40‑6‑250.  That Code section provides that it shall be a misdemeanor for any person to operate a motor vehicle while wearing a headset or headphone, which would impair such person’s ability to hear, except when wearing a headset for communication purposes.  It is also a misdemeanor to operate a motor vehicle while wearing any device which impairs such person’s vision.  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 nineteenth misdemeanor offense is O.C.G.A. § 42‑1‑18(b).  That Code section provides that it shall be a misdemeanor for a registered sex offender to intentionally photograph a minor without consent of the minor’s parent or guardian.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 42‑1‑18(b) as offenses for which those charged are to be fingerprinted.

The twentieth misdemeanor offense is O.C.G.A. § 43‑4A‑4.  That Code section provides that it shall be a misdemeanor for any person, except in certain circumstances, to act as an athlete agent without holding a certificate or registration.  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 twenty-first misdemeanor offense is O.C.G.A. § 43‑24A‑15(d).  That Code section provides that it shall be a misdemeanor for any entity or person to take certain unlawful actions with regard to massage therapy services.  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 J. DROLET

Senior Assistant Attorney General