Official Opinion 2017-1

January 17, 2017
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 by letter on October 5, 2016, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2016 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted.

These offenses include: O.C.G.A. § 15‑6‑67 (fraudulent certification of land surveyor); O.C.G.A. § 16‑9‑63(B) (intent to secure tangible benefit by making false, fictitious, or fraudulent statement or representation that such individual is a military veteran or recipient of a military decoration); O.C.G.A. § 16‑9‑63(c) (intent to deceive by appearing in a court of this state while wearing an armed services uniform or military decoration); O.C.G.A. § 16‑10‑28 (transmission of a false public alarm); O.C.G.A. § 16‑11‑37(d)(1) (terroristic threat); O.C.G.A. § 16‑13‑79 (knowingly distribute or resell any nonprescription injectable insulin which was first obtained through an over-the counter sale made to a patient from any pharmacy, practitioner, or other source); O.C.G.A. § 25‑10‑2.1 (ignite consumer fireworks or fireworks while under the influence of alcohol or drugs); O.C.G.A. § 31‑12‑12 (restrictions on sale or dispensing of contact lenses and spectacles); O.C.G.A. § 40‑5‑64.1 (violations of an ignition interlock device limited driving permit); O.C.G.A. § 50‑27‑78 (remove or deface sticker attached to a coin-operated machine without authorization of owner or corporation).

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. § 15‑6‑67.  This Code section provides that it will be a misdemeanor for any licensed surveyor to fraudulently certify that a plat of survey does not require approval as specified in this Code section.  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 second misdemeanor offense is O.C.G.A. § 16‑9‑63(b).  This Code section provides that it will be a misdemeanor for an individual, intending to secure a tangible benefit for himself or herself, to make a false, fictitious, or fraudulent statement or representation that such individual is a military veteran or recipient of a military decoration.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑9‑63(b) as offenses for which those charged are to be fingerprinted.

The third misdemeanor offense is O.C.G.A. § 16‑9‑63(c).  This Code section provides that it will be a misdemeanor for an individual, with the intent to deceive, to appear in a court of this state while wearing a uniform of the armed forces of the United States or of the organized militia of this state if such individual is not authorized to wear such uniform or to appear in a court of this state while wearing any military decoration which was not awarded to the individual.  O.C.G.A. § 16‑9‑63(d) provides that any person in violation of this Code section involving a military medal award shall be guilty of a misdemeanor of a high and aggravated nature.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑9‑63(c) as offenses for which those charged are to be fingerprinted.

The fourth misdemeanor offense is O.C.G.A. § 16‑10‑28.  This Code section provides that it will be a misdemeanor to knowingly transmit, without reasonable grounds, a false public alarm relating to a destructive device or hazardous substance located in such a place that its explosion, detonation, or release would endanger human life or cause injury to property, or, relating to an individual who has caused or threatened to cause physical harm to himself or another individual by using a deadly weapon or any object, device, or instrument that is likely to result in serious bodily injury.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑10‑28 as offenses for which those charged are to be fingerprinted.

The fifth misdemeanor offense is O.C.G.A. § 16‑11‑37(d)(1).  This Code section provides that it will be a misdemeanor to commit the offense of terroristic threat as defined in this Code section and, further that if the threat suggested the death of the threatened individual, that the person convicted shall be guilty of a felony.  I hereby designate misdemeanor offenses arising under O.C.G.A. § 16‑11‑37(d)(1) as offenses for which those charged are to be fingerprinted.

The sixth misdemeanor offense is O.C.G.A. § 16‑13‑79(e).  This Code section provides that it will be a misdemeanor to knowingly distribute or resell any nonprescription injectable insulin product which was obtained through an over-the counter sale made to a patient from any pharmacy, practitioner, or other source and that all such injectable insulin distributed or sold in this manner is considered to be an adulterated dangerous drug and unsalable.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑13‑79(e) as offenses for which those charged are to be fingerprinted.

The seventh misdemeanor offense is O.C.G.A. § 25‑10‑2.1.  This Code section provides that it will be a misdemeanor to ignite fireworks while under the influence of alcohol or any drug or any combination of alcohol and drug to the extent that it is unsafe for such person to ignite fireworks.  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 eighth misdemeanor offense is O.C.G.A. § 31‑12‑12.  This Code section provides that it will be a misdemeanor to sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses or spectacles except as otherwise authorized by law, or to write a prescription for contact lenses or spectacles unless an eye examination is performed.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 31‑12‑12 as offenses for which those charged are to be fingerprinted.

The ninth misdemeanor offense is O.C.G.A. § 40‑5‑64.1.  This Code section provides that it will be a misdemeanor for any person to use an ignition interlock device limited driving permit in violation of the terms of the permit, or when the permit has been revoked.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 40‑5‑64.1.1 as offenses for which those charged are to be fingerprinted.

The tenth misdemeanor offense is O.C.G.A. § 50‑27‑78.  This Code section provides that it will be a misdemeanor to remove or deface a sticker which is attached to a coin operated amusement machine without authorization of the owner or the corporation.   I hereby designate any misdemeanor offenses arising under O.C.G.A. § 50‑27‑78 as offenses for which those charged are to be fingerprinted.

Prepared by:

Tina M. Piper

Assistant Attorney General