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Official Opinion 2012-6

Official Opinion 2012-6

December 18, 2012
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 September 27, 2012, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2012 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. § 4‑8‑27 (Registration Requirements for Dog Classified as Dangerous or Vicious); O.C.G.A. § 4‑8‑28 (Notification Requirements for Owner of Classified Dog); O.C.G.A. § 4‑8‑29 (Restraint Requirements for Dangerous Dogs); O.C.G.A. §10‑1‑351 (Documentation Requirements on Secondary Metals Recyclers for the Purchase of Coil and Copper Wire); O.C.G.A. § 10‑1‑352 (Requirements on Secondary Metals Recyclers for the Purchase of Burial Objects); O.C.G.A. § 10‑1‑353 (Record Keeping Requirements for Secondary Metal Recyclers); O.C.G.A. § 10‑1‑359 (Restriction on Hours of Operation for Secondary Metal Recyclers and Prohibition on Providing False Information to a Secondary Metal Recycler); O.C.G.A. § 10‑1‑359.1 (Yearly Registration Requirements for Secondary Metal Recyclers); O.C.G.A. § 16‑9‑1(e) (Forgery – Fourth Degree); O.C.G.A. § 16‑10‑34 (Use of Laser Device Against Law Enforcement Officer); O.C.G.A. § 16‑11‑45 (Use of Laser Against an Aircraft); O.C.G.A. § 40‑1‑50 (Violations of the Georgia Motor Carrier Act of 2012); O.C.G.A. § 40‑1‑128 (Receiving Kickbacks or Rebates from Rates and Fares Established by Motor Carrier Compliance Division); O.C.G.A. § 40‑1‑129(b) (Certification of Household Goods Carriers); O.C.G.A. § 42‑1‑11.2 (Advice to Inmates on Employment of an Attorney by Penal Employees Prohibited); O.C.G.A. § 52‑7‑51 (Displaying Watercraft Information on a Capacity Plate).

In addition to the list of fingerprintable offenses mandated by statute, O.C.G.A. § 33‑3‑33(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. § 4‑8‑27.  That Code section provides that it shall be a misdemeanor to possess a dog classified as dangerous or vicious within this state without a certificate of registration, which must to be renewed on an annual basis.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 4‑8‑27 as offenses for which those charged are to be fingerprinted.

The second misdemeanor offense is O.C.G.A. § 4‑8‑28.  That Code section provides that it shall be a misdemeanor for an owner of a classified dog to fail to notify animal control if the dog is on the loose or has attacked a human, has a new owner, or moves to a different jurisdiction within the State.   I hereby designate any misdemeanor offenses arising under O.C.G.A. § 4‑8‑28 as offenses for which those charged are to be fingerprinted.

The third misdemeanor offense is O.C.G.A. § 4‑8‑29.  That Code section provides that it shall be a misdemeanor of a high and aggravated nature for an owner of a dangerous dog to fail to restrain a dangerous dog while off the owner’s premises as set forth in subsections (a) (1) through (a) (3) of that code section and as set forth in subsections (b) (1) (A) and (b) (1) (B) while on the owner’s property.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 4‑8‑29 as offenses for which those charged are to be fingerprinted.

The fourth misdemeanor offense is O.C.G.A. § 10‑1‑351.  That Code section provides that it shall be a misdemeanor for a secondary metals recycler to purchase coil or copper unless it is purchased from a contractor licensed pursuant to Chapter 14 of Title 43, a seller with verifiable documentation as to the origins of the coil or copper, or a secondary metals recycler who provides appropriate documentation.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑351 as offenses for which those charged are to be fingerprinted.

The fifth misdemeanor offense is O.C.G.A. § 10‑1‑352.  That Code section provides that it shall be a misdemeanor for a secondary metals recycler to purchase a burial object unless purchased from a seller who meets the documentation requirements as provided in that Code section.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑352 as offenses for which those charged are to be fingerprinted.

The sixth misdemeanor offense is O.C.G.A. § 10‑1‑353.  That Code section provides that secondary metal recyclers must maintain a legible record of all purchase transactions which shall include the information listed in subsections (a)(1) through (a)(12) and subsection (c) of that code section.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑353 as offenses for which those charged are to be fingerprinted.

The seventh misdemeanor offense is O.C.G.A. § 10‑1‑359.  That Code section provides that it shall be a misdemeanor for secondary metal recyclers to engage in the sale or purchase of regulated metal property between the hours of 7 p.m. and 7 a.m.  That Code section further provides that it shall be a misdemeanor to provide false information to a secondary metal recycler as part of a purchase transaction.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑359 as offenses for which those charged are to be fingerprinted.

The eighth misdemeanor offense is O.C.G.A. § 10‑1‑359.1.  That Code section provides that it shall be a misdemeanor of a high and aggravated nature for a secondary metal recycler to purchase regulated metal property without being registered with the county sheriff as required in that code section.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑359.1 as offenses for which those charged are to be fingerprinted.

The ninth misdemeanor offense is O.C.G.A. § 16‑9‑1(e). That Code section provides that it shall be a misdemeanor for any person with intent to defraud to knowingly make, alter, possess, utter, or deliver any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.  That code section further provides that it shall be a misdemeanor for any person to possess less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑9‑1(e) as offenses for which those charged are to be fingerprinted.

The tenth misdemeanor offense is O.C.G.A. § 16‑10‑34.  That Code section provides that it shall be a misdemeanor of a high and aggravated nature for any person to project any laser device upon a law enforcement officer.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑10‑34 as offenses for which those charged are to be fingerprinted.

The eleventh misdemeanor offense is O.C.G.A. § 16‑10‑45.  That Code section provides that it shall be a misdemeanor for any person to aim or project a laser upon an aircraft or at the flight path of an aircraft.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑11‑45 as offenses for which those charged are to be fingerprinted.

The twelfth misdemeanor offense is for violations of the Georgia Motor Carrier Act of 2012, O.C.G.A. § 40‑1‑50 through O.C.G.A. § 40‑1‑57.  O.C.G.A. § 40‑1‑55 provides that it shall be a misdemeanor for any person to violate or fail to comply with the provisions of Article 3 of Chapter 1 of Title 40, relating to the regulation of motor carriers and limousine carriers.  An offense arising from a violation of one of these Code sections does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating these offense as ones for which those charged are to be fingerprinted.

The thirteenth misdemeanor offense is O.C.G.A. § 40‑1‑128.  That Code section provides that it shall be a misdemeanor for any officer, agent, or employee of any corporation, and any other person knowingly to accept or receive any rebate or drawback from the rates, fares, or charges established or approved by the department for motor carriers of passengers or household goods, or for such person to procure, aid, or abet therein.  That Code section further provides that it shall be a misdemeanor for any person to use or accept from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the department, or for such person to procure, aid, or abet therein. 

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. § 40‑1‑129(b). That Code section provides that it shall be a misdemeanor for any person, firm, or corporation knowingly and willfully to advertise or hold out to the public that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate issued by the department of public safety.  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. § 42‑1‑11.2.  That Code section provides that it shall be a misdemeanor for any employee of a penal institution to give advice to an inmate regarding the name or the employment of an attorney at law in any case or receive any sum of money paid as fees or otherwise to attorneys at law in a criminal case or cases against any inmate with which they may be connected in any capacity.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 42‑1‑11.1 as offenses for which those charged are to be fingerprinted.

The sixteenth misdemeanor offense is O.C.G.A. § 52‑7‑51.  That Code section provides that it shall be a misdemeanor to manufacture, sell, or offer for sale in this state any watercraft to which a capacity plate has not been attached.  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:

ASHLEY L. CULBERSON

Assistant Attorney General