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Official Opinion 2011-1

Official Opinion 2011-1

February 25, 2011
To: 

Deputy Director, Georgia Crime Information Center

Re: 

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

The State Board of Workers Compensation has brought to the attention of this office that certain offenses related to the provision of workers compensation are not presently designated as offenses for which persons charged with violations are to be fingerprinted.

Those offenses are: O.C.G.A. § 34-9-21 (employee, with intent to defraud, receiving income benefits to which he or she is not entitled) and O.C.G.A. § 34-9-126 (employer refusal to file workers’ compensation compliance forms).

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 of these misdemeanor offenses is O.C.G.A. § 34-9-21.  That Code section prohibits fraudulently obtaining workers’ compensation benefits.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 34-9-21 as offenses for which those charged are to be fingerprinted.

The second of these misdemeanor offenses is O.C.G.A. § 34-9-126.  That Code section, according to the Board of Workers Compensation, is the primary enforcement tool for prosecution of employers who defraud the system by failure to have workers’ compensation insurance.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 34-9-126 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:

JOSEPH J. DROLET

Senior Assistant Attorney General