You requested an opinion concerning whether any of the new misdemeanor criminal offenses enacted during the 1993 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. § 16-11-66.1 makes it unlawful to intercept cellular radio telephone communications.

O.C.G.A. § 16-12-171 makes it unlawful for any person to knowingly sell a minor tobacco products.

O.C.G.A. § 16-5-90 which defines the crime of first offense stalking.

O.C.G.A. § 42-8-110 makes it unlawful to violate the Ignition Interlock Device Act.

The following provisions are not designated as fingerprintable misdemeanor offenses:

O.C.G.A. § 43-39-19 which defines misdemeanor violation of the Psychologist Licensing Act.

O.C.G.A. § 32-9-4 which defines misdemeanor misuse of traffic lanes.

O.C.G.A. § 32-10-64 which defines misdemeanor avoiding payment of tolls.

O.C.G.A. § 7-1-1019 which defines misdemeanor violation of laws governing licensing of mortgage lenders and brokers.

O.C.G.A. § 40-6-226 which defines misdemeanor handicapped parking law violations.

O.C.G.A. § 40-11-9 which defines misdemeanor abandonment of motor vehicle.

O.C.G.A. § 27-2-5 which defines misdemeanor violation of Hunter Education Law.

O.C.G.A. § 49-5-41 which defines misdemeanor unauthorized disclosure of child abuse records.

O.C.G.A. § 2-12-100 which defines misdemeanor violation of the Georgia Horticultural Growing Media Act.

O.C.G.A. § 40-2-8 which defines misdemeanor operating motor vehicle without a valid license tag or decal.

O.C.G.A. § 40-3-36 which defines misdemeanor violation of laws governing salvaged vehicles.

O.C.G.A. § 48-13-10 which defines misdemeanor licensing of carnivals.

O.C.G.A. § 48-13-15 which defines misdemeanor violation of confidentiality reference occupation taxes imposed by local governments.

O.C.G.A. § 15-14-36 which defines misdemeanor violation of the Court Reporter Certification Act.

O.C.G.A. § 48-9-17 which defines misdemeanor violation of the Motor Fuel Tax Law.

O.C.G.A. § 19-15-6 which defines misdemeanor confidentiality of child fatality information.

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