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Official Opinion 2011-5

Official Opinion 2011-5

November 22, 2011
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, in your letter of October 18, 2011, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2011 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. § 10 1 202.1 (Addition of Denatonium Benzoate to Certain Antifreeze to Render Unpalatable); O.C.G.A. § 16 11 200 (Transporting or Moving Illegal Aliens); O.C.G.A. § 16 11 201 (Concealing, Harboring, or Shielding an Illegal Alien); O.C.G.A. § 16 11 202 (Inducing an Illegal Alien to Enter State); O.C.G.A. § 16 13 64(b) (Negligent Use, Release, or Disclosure of Electronic Data Base Prescription Information); O.C.G.A. § 24 12 21(b) (Disclosure of AIDS Confidential Information); O.C.G.A. § 27 2-31(a) (4)(B)(i) (Release of Feral Hogs Into Unfenced Area); O.C.G.A. § 27 3 9(b)(4) (Unlawful Enticement of Game); O.C.G.A. § 27 3 9(c) (Unlawful Enticement of Game Baiting for Doves); O.C.G.A. § 31 41 6 (Georgia Lead Poisoning Prevention Act of 1994); O.C.G.A. § 35 3 164 (Unlawful Dissemination or Use of DNA Data Bank Information); O.C.G.A. § 40 1 8 (Operation of a Vehicle in Violation of an Out-of-Service Order); O.C.G.A. § 40 1 23 (Transportation of Hazardous Materials Act); O.C.G.A. § 50 36 1(o)(2) (Violation of Requirements for Verifying Lawful Presence Within the United States); O.C.G.A. § 50 36 2 (Secure and Verifiable Identity Document Act). 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 1 202.1. That Code section requires that antifreeze sold in this state that is manufactured after July 1, 2012, containing more than 10 percent ethylene glycol shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as an aversive agent to render the antifreeze unpalatable. The requirement applies to manufacturers, packagers, distributors, recyclers, and sellers of antifreeze. Code section 10 1 211 provides that violation of O.C.G.A. § 10 1 202.1 is a misdemeanor. 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. 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 11 200. That Code section provides that upon a first offense, it shall be a misdemeanor to transport or move seven or fewer illegal aliens at the same time. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16 11 200 as offenses for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 16 11 201. That Code section provides that it shall be a misdemeanor for any person who is acting in violation of another criminal offense to conceal, harbor, or shield from detection seven or fewer illegal aliens. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16 11 201 as offenses for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 16 11 202. That Code section provides that it shall be a misdemeanor for any person who is acting in violation of another criminal offense to knowingly induce, entice, or assist an illegal alien to enter this state. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16 11 202 as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 16 13 64(b). That Code section provides that it shall be a misdemeanor for any person authorized to access electronic data base prescription information to negligently use, release, or disclose such information in a manner or for a purpose that violates Title 16, Chapter 13, Article II, Part II. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16 13 64(b) as offenses for which those charged are to be fingerprinted. The sixth misdemeanor offense is O.C.G.A. § 24 12 21(b). That Code section provides that persons or legal entities which receive AIDS confidential information or which are responsible for recording, reporting, or maintaining AIDS confidential information shall not intentionally or knowingly disclose that information to another person or legal entity and cannot be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity. That Code section further provides that a person or legal entity which receives AIDS confidential information which is known to have been disclosed in violation of the non-disclosure requirements of that Code section shall not intentionally or knowingly disclose that information or be compelled to do so by subpoena, court order, or other judicial process. Pursuant to O.C.G.A. § 24-12-21(o), it shall be a misdemeanor for any person to violate subsection (b) of O.C.G.A. § 24-12-21. 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 2 31(a)(4)(B). That Code section provides that it shall be a misdemeanor of a high and aggravated nature for any person to release any trapped or transported feral hog into any area that is not fenced to prevent escape of such feral hog onto the land of another. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 27 2 31(a)(4)(B) as offenses for which those charged are to be fingerprinted. The eighth misdemeanor offense is O.C.G.A. § 27 3 9(b)(4). That Code section provides that it shall be a misdemeanor of a high and aggravated nature for any person to take any big game animal, other than deer, within 200 yards of any place where any corn, wheat, or other grains, salts, apples, or other feed or bait has been placed, exposed, deposited, distributed, or scattered so as to constitute a lure, attraction, or enticement for any game bird or game animal. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 27 3 9(b)(4) as offenses for which those charged are to be fingerprinted. The ninth misdemeanor offense is O.C.G.A. § 27 3 9(c). That Code section provides that it shall be a misdemeanor for an owner or other person having lawful possession or control of an area or field baited for doves to fail to comply with an order of a conservation ranger requiring the removal of bait or the erection of signs, or both. 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. § 31 41 6. That Code section provides that it shall be a misdemeanor for any person to engage in certain training or lead-based paint activities prohibited in Chapter 41 of Title 31. 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. § 35 3 164. That Code section provides that it shall be a misdemeanor for any person to disseminate information contained in the DNA data bank without authority. That Code section further provides that any person who disseminates information contained in the data bank, knowing that such dissemination is for a purpose other than as authorized by law, shall be guilty of a misdemeanor of a high and aggravated nature. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 31 41 6(c) as offenses for which those charged are to be fingerprinted. The twelfth misdemeanor offense is O.C.G.A. § 40 1 8. That Code section provides that it shall be a misdemeanor for any person to drive or operate, or cause operation of, a vehicle in violation of an out-of-service order. 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. § 40 1 23. That Code section provides that it shall be a misdemeanor for any person to violate or fail to comply with any provision of Article 2, Chapter 1 of Title 40, Transportation of Hazardous Materials. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 40 1 23 as offenses for which those charged are to be fingerprinted. The fourteenth misdemeanor offense is O.C.G.A. § 50 36 1(o)(2). That Code section provides that it shall be a misdemeanor of a high and aggravated nature for any agency head to willfully violate the provisions of Chapter 36 of Title 50 requiring verification of lawful presence in the United States or to act so as to intentionally and deliberately interfere with the implementation of the requirements of that Chapter. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 50 36-1(o)(2) as offenses for which those charged are to be fingerprinted. The fifteenth misdemeanor offense is O.C.G.A. § 50 36 2. That Code section provides that it shall be a misdemeanor for any person to knowingly accept identification documents that are not secure and verifiable documents as provided in subsection (b)(3) of that Code section. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 50 36 2 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: ASHLEY L. CULBERSON Assistant Attorney General