Official Opinion 2018-3

December 21, 2018
To: 

Deputy Director for Georgia Crime Information Center                   

Georgia Bureau of Investigation

 

 

Re: 

2018 update 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 July 30, 2018, my opinion concerning whether any of the following misdemeanor offenses enacted either during the 2018 Session of the General Assembly or during a previous legislative session that were recently brought to your attention should be designated as offenses for which persons charged with violations are to be fingerprinted.

In addition to the determination of fingerprintable offenses which the General Assembly may mandate 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.  See, e.g., 2017 Op. Att’y Gen. 2017‑1, 2015 Op. Att’y Gen. 2015‑2, 2014 Op. Att’y Gen. 2014‑2, 2013 Op. Att’y Gen. 2013‑4, 2012 Op. Att’y Gen. 2012‑6, 2011 Op. Att’y Gen. 2011‑5, 2011 Op. Att’y Gen. 2011‑1.

The offenses under review from the 2018 Session of the General Assembly include: O.C.G.A. § 16‑11‑40 (using an emergency door after having violated O.C.G.A. § 16‑8‑14); O.C.G.A. § 32‑6‑6(b) (knowingly using any portion of a road on the state highway system for camping); O.C.G.A. § 35‑1‑22(d)(1) (knowingly requesting, using, or obtaining captured license plate data of a law enforcement agency under false pretenses or for purposes other than for a law enforcement purpose); O.C.G.A. § 40‑6‑241 (violation of the “Hands-Free Georgia Act”); O.C.G.A. § 43‑15‑30(f) (holding oneself out as a Professional Land Surveyor without having complied with the chapter); O.C.G.A. § 43‑17‑8.1(j) (violation of the requirements for use of collection receptacles for donations); and O.C.G.A. § 48‑2‑15(d.1)(5) (divulging confidential tax information).

Offenses from previous legislative sessions that were recently brought to your attention include:  O.C.G.A. § 48‑11‑23(b)(1) (transporting tobacco products with intent to evade taxes (20‑60 cigars or 200‑599 cigarettes)); and O.C.G.A. § 48‑11‑23(b)(2) (transporting tobacco products with intent to evade taxes (60‑200 cigars or 600‑1999 cigarettes)).

The first misdemeanor offense at issue is O.C.G.A. § 16‑11‑40.  This Code section provides that it shall be a misdemeanor to use an emergency exit door after having violated O.C.G.A. § 16‑8‑14, which concerns theft by shoplifting.  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. § 32‑6‑6(b).  This Code section provides that it shall be a misdemeanor for any person to knowingly use any portion of a road on the state highway system or any property owned by the Department of Transportation for camping.  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 third misdemeanor offense is O.C.G.A. § 35‑1‑22(d)(1).  This Code section provides that it shall be a misdemeanor of a high and aggravated nature for any person to knowingly request, use, obtain, or attempt to obtain the captured license plate data of a law enforcement agency under false pretenses or for any other purpose other than a law enforcement purpose.  I hereby designate any misdemeanor offenses arising under O.C.G.A. § 35‑1‑22(d)(1) as offenses for which those charged are to be fingerprinted.

The fourth misdemeanor offense is O.C.G.A. § 40‑6‑241.  This Code section provides that it shall be a misdemeanor to violate the “Hands-Free Georgia Act” (2018 Ga. Laws 127).  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 fifth misdemeanor offense is O.C.G.A. § 43‑15‑30(f).  This Code section provides that it shall be a misdemeanor for any person to offer services to the public using the name, verbal claim, sign, advertisement, directory listing, letterhead, or the words “Professional Land Surveyor,” “Professional Land Surveyors,” “Land Surveyor,” or “Land Surveyor” unless that person has complied with the provisions contained in Title 43, Chapter 15.  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 sixth misdemeanor offense is O.C.G.A. § 43‑17‑8.1.  This Code section provides that it shall be a misdemeanor to violate the requirements for the use of collection receptacles for donations 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 seventh misdemeanor offense is O.C.G.A. § 48‑2‑15(d.1)(5).  This Code section provides that it shall be a misdemeanor for any person to divulge confidential tax information in violation of 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 eighth misdemeanor offense is O.C.G.A. § 48‑11‑23(b)(1), which provides that it shall be a misdemeanor to transport tobacco products (20‑60 cigars or 200‑599 cigarettes) with the intent to evade taxes.  The ninth misdemeanor offense is O.C.G.A. § 48‑11‑23(b)(2), which provides that it shall be a misdemeanor of a high and aggravated nature to transport tobacco products (60‑200 cigars or 600‑1999 cigarettes) with the intent to evade taxes.  Given the graduated nature of the offenses contained in this Code section, I hereby designate any misdemeanor offenses arising under O.C.G.A. §§ 48‑11‑23(b)(1) and 48‑11‑23(b)(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:

Rebecca Dobras

Assistant Attorney General