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Official Opinion 95-15

Official Opinion 95-15

April 13, 1995
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 identifying data.

You requested an opinion concerning whether any of the new misdemeanor criminal offenses enacted during the 1992 session of the Georgia General Assembly should be designated as offenses for which persons charged with violating are to be fingerprinted. The list of offenses for which those charged with a violation must be fingerprinted is set forth in O.C.G.A. § 35-3-33(1).

In addition to those offenses specified by the General Assembly, the Attorney General may designate any other offense as one for which violators are to be fingerprinted. O.C.G.A. § 35-3-33(1)(A)(v). The following offenses are designated as additional misdemeanor offenses for which violators are to be fingerprinted:

O.C.G.A. § 16-12-120.1 which defines criminal offenses against public transportation systems.

O.C.G.A. § 17-10-3 which defines misdemeanor unintentional homicide by vehicle, second degree.

O.C.G.A. § 40-5-58 makes unlawful violating restrictions of probationary drivers licenses.

O.C.G.A. § 40-5-64 makes unlawful violating the conditions specified in a limited driving permit.

O.C.G.A. §§ 27-1-3 et seq., 27-3-10 et seq. and 27-3-4 which define misdemeanor violations for illegal hunting.

O.C.G.A. § 27-3-45 makes unlawful the possession of an untagged deer.

O.C.G.A. § 16-15-1 et seq. which defines misdemeanor violations of the Georgia Street Gang Terrorism and Prevention Act.

The following provisions are not designated as fingerprintable misdemeanor offenses:

O.C.G.A. § 12-9-40 et seq. which defines misdemeanor violation of the Georgia Motor Vehicle Emission Inspection and Maintenance Act.

O.C.G.A. § 3-11-1 et seq. which defines misdemeanor violation of the Food Catering Law.

O.C.G.A. § 48-16-12 which defines misdemeanor violation of the Tax Amnesty Program Act.

O.C.G.A. § 43-39A-1 et seq. which defines misdemeanor violation of the Real Estate Appraiser Classification and Regulation Act.

O.C.G.A. § 31-12-12 which defines misdemeanor wrongful Sales or Dispensing of Contact Lenses.

O.C.G.A. § 27-4-251 et seq. which defines misdemeanor violation of the Georgia Aquaculture Development Act.

O.C.G.A. § 36-60-6 which defines misdemeanor wrongful Application for a Business License.

O.C.G.A. § 46-2-94 which defines misdemeanor advertising household goods carrier services without PSC authorization.

O.C.G.A. § 15-21-110 et seq. which defines misdemeanor failure to collect/remit monies to the Crime Victims Emergency Fund.

O.C.G.A. § 34-10-1 et seq. which defines misdemeanor violation of the Labor Pool Regulatory Act.

O.C.G.A. § 40-6-254 which defines misdemeanor failure to secure a vehicle load.

O.C.G.A. § 43-11-50 which defines misdemeanor practicing dentistry without a license.

O.C.G.A. § 43-34-1 which defines misdemeanor practicing naturopathy without a license.

O.C.G.A. § 46-3-40 which defines misdemeanor violation of the High-Voltage Safety Act.

O.C.G.A. § 43-26-42 which defines misdemeanor violation of the Practical Nurses Practice Act.

O.C.G.A. § 12-5-280 et seq. which defines misdemeanor violation of the Coastal Marshlands Protection Act.

O.C.G.A. § 10-1-350 et seq. which defines misdemeanor violation of the Junk Dealers Regulatory Act.

O.C.G.A. § 16-11-100 which defines misdemeanor abandoned vehicles, refrigerators, etc., accessible to children.

O.C.G.A. § 8-2-160 et seq. which defines misdemeanor violation of the Manufactured/Mobile Homes Regulatory Act.

O.C.G.A. § 33-23-1 et seq. which defines misdemeanor violation of the Insurance Agents, Solicitors, Brokers, Counselors, and Adjusters Regulatory Act.

O.C.G.A. § 33-23-1 et seq. which defines misdemeanor violation of the Insurance Business Regulatory Act.

O.C.G.A. § 33-23-40 which defines misdemeanor wrongful issuance of an insurance contract.

O.C.G.A. § 33-23-42 et seq. which defines misdemeanor performing insurance related functions without proper authorization.

O.C.G.A. § 40-5-81 which defines misdemeanor unlawful solicitation of DUI Alcohol or Drug Use Reduction Program Business.

O.C.G.A. § 36-1-23 which defines misdemeanor violation of Water and Sewer Materials Standards Act.

O.C.G.A. § 4-13-1 et seq. which defines misdemeanor violation of the Humane Care of Equines Act.

O.C.G.A. § 43-4-30 et seq. which defines misdemeanor violation of the Registered Interior Designer Regulatory Act.

I trust that this information will assist you in discharging your duties pursuant to the Georgia Crime Information Act of 1973.

Prepared by:

TERRY L. LONG
Assistant Attorney General