November 15, 2024
Official Opinion 2024-3
- To
Division Director for the Georgia Crime Information Center at GBI
- Re
2024 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 June 28, 2024, my opinion concerning whether any of the following misdemeanor offenses, most of which were enacted during the 2024 Session of the General Assembly and one of which was enacted prior to that time (but for which no request for a fingerprintable designation was made), should be designated as offenses for which persons arrested or taken into custody are to be fingerprinted. Pursuant to Georgia law, I make the following designations in relation to your question.
Generally, under Georgia law, in addition to the determination of fingerprintable offenses which the General Assembly may mandate by statute, O.C.G.A. § 35-3-33(a)(l)(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.,2021 Op. Att'y Gen. 2021-1; 2020 Op. Att'y Gen. 2020-4; 2020 Op. Att'y Gen. 2020-1; 2019 Op. Att'y Gen. 2019-3; 2018 Op. Att'y Gen. 2018-3; 2017 Op. Att'y Gen. 2017-1.
The offenses under review from the 2024 Session of the General Assembly include:
O.C.G.A. §§ 2-23-4.1 (a)(l)- (a)(6) (hemp processing, handling, sales, manufacture, testing and analysis); O.C.G.A. §§ 2-23-9.1 (a), (b) (consumable hemp products, certificate of analysis THC warning, and inspections); O.C.G.A. § 16-7-21.1 (unlawful squatting); O.C.G.A. § 16-7-21.2(b)(2) (criminal trespass involving a wild animal); O.C.G.A. § 16-11-43.1 (b) (actively facilitating drag races or laying drags exhibitions); O.C.G.A. § 16-12-241 (a) (restrictions on sale or furnishing of consumable hemp products to individuals under 21 years of age); O.C.G.A. § 16-12-241 (b )(1) (age restrictions on purchase, attempt to purchase, possession of consumable hemp products); O.C.G.A. § 16-12-241 (b)(2) (misrepresenting age or identity to purchase consumable hemp products); O.C.G.A. § 16-12-242 (posting notice of age restriction on sale of consumable hemp products); O.C.G.A. § 16-13-121 (a)(l) (age restrictions on possession and sale or transfer of kratom); O.C.G.A. § 16-13-121 (b) (unlawful ingestion of kratom); O.C.G.A. § 16-13-121 (c) (sale, transfer, delivery of kratom in form permitting unlawful ingestion); O.C.G.A. § 16-13-121 (d) (offering kratom for sale - requirements); O.C.G.A. § 16-13-122 (f)(l) (content of and required labeling for kratom; knowing or criminally negligent violation by processor); O.C.G.A. § 16-13-122 (f)(2) (content of and required labeling for kratom; negligent violation by processor); O.C.G.A. § 16-13-122 (g)(l) (content of and required labeling for kratom; criminally negligent violation by retailer); O.C.G.A. § 16-13-122 (g)(2) (content of and required labeling for kratom; negligent violation by retailer); O.C.G.A. § 36-80-23 (e) (prohibition on immigration sanctuary policies by local governmental entities); O.C.G.A. § 40-8-35 (e) (vehicles with flashing or revolving amber lights); O.C.G.A. § 42-4-14 (h) (identity verification of persons confined in a jail or detention facility); and O.C.G.A. § 50-18-160 (h) (improper collection or disclosure of personal information by an employee of a public agency).
The offense under review from a prior legislative session is O.C.G.A. § 44-14-12 (deceiving as to existence of lien; making second deed of conveyance).
The first misdemeanor offense is O.C.G.A. § 2-23-4.1 (a)(l). This Code section makes it unlawful for a person to process hemp unless the person holds a processing permit issued by the Department of Agriculture or is employed by someone who holds such a permit. A first offense is a misdemeanor, and a second or subsequent offense is a misdemeanor of a high and aggravated nature. See O.C.G.A. § 2-23-4.l(c). I hereby designate misdemeanor offenses arising under O.C.G.A. § 2-23-4.1 (a)(l) as offenses for which those charged are to be fingerprinted.
The second misdemeanor offense is O.C.G.A. § 2-23-4.1 (a)(2). This Code section makes it unlawful (with some limited exceptions) for a person to handle hemp "unless such person holds a hemp grower license, a processing permit, or a manufacturer license issued by the Department of Agriculture or has registered with the Department as a registered laboratory or is employed by a person who holds such a license or who has registered with the Department as a registered laboratory." A first offense is a misdemeanor, and a second or subsequent offense is a misdemeanor of a high and aggravated nature. See O.C.G.A. § 2-23-4.l(c). I hereby designate misdemeanor offenses arising under O.C.G.A. § 2-23-4.1 (a)(2) as offenses for which those charged are to be fingerprinted.
The third misdemeanor offense is O.C.G.A. § 2-23-4.1 (a)(3). This Code section makes it unlawful to sell or offer for sale any consumable hemp product to consumers unless one holds a retail consumable hemp establishment license issued by the Department of Agriculture or is employed by a person who holds such a license. A first offense is a misdemeanor, and a second or subsequent offense is a misdemeanor of a high and aggravated nature. See O.C.G.A. § 2-23- 4.l(c). I hereby designate misdemeanor offenses arising under O.C.G.A. § 2-23-4.1 (a)(3) as offenses for which those charged are to be fingerprinted.
The fourth misdemeanor offense is O.C.G.A. § 2-23-4.1 (a)(4). This Code section makes it unlawful for a person to sell or offer for sale any consumable hemp product to retail establishments unless such person holds a wholesale consumable hemp license issued by the Department of Agriculture or is employed by a person who bolds such a license. A first offense is a misdemeanor, and a second or subsequent offense is a misdemeanor of a high and aggravated nature. See S O.C.G.A. § 2-23-4.l(c). I hereby designate misdemeanor offenses arising under O.C.G.A. § 2-23-4.1 (a)(4) as offenses for which those charged are to be fingerprinted.
The fifth misdemeanor offense is O.C.G.A. § 2-23-4.1 (a)(5). This Code section makes it unlawful for any person to manufacture hemp products unless such person holds a manufacturer license issued by the Department of Agriculture or is employed by a person who holds such a license. A first offense is a misdemeanor, and a second or subsequent offense is a misdemeanor of a high and aggravated nature. See O.C.G.A. § 2-23-4.1 (c). I hereby designate misdemeanor offenses arising under O.C.G.A. § 2-23-4.1 (a)(5) as offenses for which those charged are to be fingerprinted.
The sixth misdemeanor offense is O.C.G.A. § 2-23-4.1 (a)(6). This Code section makes it unlawful for any person to perform tests or analyses of any plant within the genus Cannabis or any product made or derived from such plant unless such person has registered with the Department of Agriculture as a registered laboratory or is employed by a person who has registered with the Department as a registered laboratory. A first offense is a misdemeanor, and a second or subsequent offense is a misdemeanor of a high and aggravated nature. See O.C.G.A. § 2-23-4.l(c). I hereby designate misdemeanor offenses arising under O.C.G.A. § 2-23-4.1 (a)(6) as offenses for which those charged are to be fingerprinted.
The seventh misdemeanor offense is O.C.G.A. § 2-23-9.1 (a). This Code section makes it unlawful to sell or distribute consumable hemp products unless the producer or manufacturer has, within the last 12 months, contracted for and obtained a full panel certificate of analysis on such product and made the same available to the public. An offense arising from a violation of this Code section does not 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. § 2-23-9.1 (b). This Code section makes it unlawful to sell or distribute a consumable hemp product without a sticker, approved by the Department of Agriculture, warning that the product contains THC and a label providing information from the full panel certificate of analysis or providing for access to such information via a QR code. An offense arising from a violation of this Code section does not 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 ninth misdemeanor offense is O.C.G.A. § 16-7-21.1. This Code section makes it unlawful to enter upon the land or premises of another reside there knowing one does not have the consent of the owner or rightful occupant and, within three business days of receiving a citation for the same, fail to provide documentation authorizing one's entry on such land or premises. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-7-21.1 as offenses for which those charged are to be fingerprinted.
The tenth misdemeanor offense is O.C.G.A. § 16-7-21.2 (b)(2). This Code section makes it unlawful to enter a cage, enclosure, or other area where a wild animal is housed or otherwise contained and into which the person knows he or she has no legal authority, license, or permission to enter. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-7-21.2 (b )(2) as offenses for which those charged are to be fingerprinted.
The eleventh misdemeanor offense is O.C.G.A. § 16-11-43.1 (b). This Code section makes it unlawful for any person to be knowingly present and actively facilitating an exhibition of illegal drag racing, in violation of O.C.G.A § 40-6-186, or of laying drags, in violation of O.C.G.A § 40-6-251. The Code section provides that "active facilitation may be evidenced by using a vehicle to block the portion of the roadway closest to exhibition participants allowing the event to take place." I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-11-43. l (b) as offenses for which those charged are to be fingerprinted.
The twelfth misdemeanor offense is O.C.G.A. § 16-12-241 (a). This Code section makes it unlawful to knowingly sell, furnish, or cause to be furnished a consumable hemp product to an individual under the age of 21 years. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-12-241 (a) as offenses for which those charged are to be fingerprinted.
The thirteenth misdemeanor offense is O.C.G.A. § 16-12-241 (b)(l). This Code section makes it unlawful for anyone under the age of 21 to purchase, attempt to purchase, or possess any consumable hemp product. The statute provides that a first conviction "shall be punished by a fine not to exceed $500.00" and requires the court to allow such person to satisfy such fine through community service. An offense arising from a violation of this Code section does not 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. § 16-12-241 (b)(2). This Code section makes it unlawful for anyone under the age of 21 to misrepresent bis or her identity or age or use any false identification for the purpose of obtaining, or attempting to obtain, any consumable hemp product. The statute provides that a first conviction "shall be punished by a fine not to exceed $500.00 and requires the court to allow such person to satisfy such fine through community service. An offense arising from a violation of this Code section does not 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. § 16-12-242. This Code requires owners or operators of any business in which a consumable hemp product is offered for sale to place a conspicuous sign stating: "SALE OF CONSUMABLE HEMP PRODUCTS TO INDIVIDUALS UNDER 21 YEARS OF AGE IS PROHIBITED BYLAW." An offense arising from a violation of this Code section does not 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 sixteenth misdemeanor offense is O.C.G.A. § 16-13-121 (a)(l). This Code section makes it unlawful to sell or transfer possession of any kratom, kratom product, or kratom extract to another person under 21 years of age, or for a person under 21 years of age to purchase or possess any kratom, kratom product, or kratom extract. A first offense is punishable by a fine not to exceed $250.00, a second offense by a fine not to exceed $500.00, and a third or subsequent offense by a fine of up to $1,000.00. See O.C.G.A. § 16-13-121 (e). I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-13-121 (a)(l) as offenses for which those charged are to be fingerprinted.
The seventeenth misdemeanor offense is O.C.G.A. § 16-13-121 (b). This Code section makes it unlawful to ingest kratom in a manner that employs electronic, chemical, or mechanical means that can be used to product vapor in a solution or other form. A first offense is punishable by a fine not to exceed $250.00, a second offense by a fine not to exceed $500.00, and a third or subsequent offense by a fine of up to $1,000.00. See O.C.G.A. § 16-13-121 (e). I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-13-121 (b) as offenses for which those charged are to be fingerprinted.
The eighteenth misdemeanor offense is O.C.G.A. § 16-13-121 (c). This Code section makes it unlawful for a person to "sell, deliver, cause to be delivered, or assist in the delivery of any kratom in or to this state that can be ingested in a manner that violates subsection (b) of this Code section." A first offense is punishable by a fine not to exceed $250.00, a second offense by a fine not to exceed $500.00, and a third or subsequent offense by a fine of up to $1,000.00. See O.C.G.A. § 16-13-121 (e). I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-13-121 (c) as offenses for which those charged are to be fingerprinted.
The nineteenth misdemeanor offense is O.C.G.A. § 16-13-121 (d). This Code section makes it unlawful for a person to "offer for sale kratom in this state unless such product is behind a counter in an area only accessible to store employees or in a secured display which is only accessible with the intervention of a store employee." A first offense is punishable by a fine not to exceed $250.00, a second offense by a fine not to exceed $500.00, and a third or subsequent offense by a fine of up to $1,000.00. See O.C.G.A. § 16-13-121 (e). I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-13-121 (d) as offenses for which those charged are to be fingerprinted.
The twentieth misdemeanor offense is O.C.G.A. § 16-13-122 (f)(l). This Code section makes it unlawful for a "processor" of kratom to knowingly or with criminal negligence commit an act in violation of the Code section (which in tum sets forth requirements governing the source, content, quality, packaging and labeling of kratom products sold in or delivered to the state and requires processors to maintain a registered agent in the state for service of process). A violation of this Code section is a misdemeanor of a high and aggravated nature, and a subsequent conviction is a felony. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-13- 122 (f)(l) as offenses for which those charged are to be fingerprinted.
The twenty-first misdemeanor offense is O.C.G.A. § 16-13-122 (f)(2). This Code section makes it unlawful for a "processor" of kratom to negligently commit an act in violation of the Code section (which in tum sets forth requirements governing the source, content, quality packaging and labeling of kratom products sold in or delivered to the state and requires processors to maintain a registered agent in the state for service of process). A violation of this Code section is a misdemeanor punishable by a fine not to exceed $1,000. An offense arising from a violation of this Code section does not 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 twenty-second misdemeanor offense is O.C.G.A. § 16-13-122 (g)(l). This Code section makes it unlawful for a retailer of kratom to knowingly or with criminal negligence commit an act in violation of subsection (a), (b), (c), or (e) the Code section, which in turn sets forth requirements governing the source, content, quality, packaging and labeling of kratom products sold in or delivered to the state. A violation of this Code section is a misdemeanor of a high and aggravated nature, and a subsequent conviction is a felony. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-13-122 (g)(l) as offenses for which those charged are to be fingerprinted.
The twenty-third misdemeanor offense is O.C.G.A. § 16-13-122 (g)(2). This Code section makes it unlawful for a retailer of kratom to negligently commit an act in violation of subsection (a), (b), (c), or (e) of the Code section, which in turn sets forth requirements governing the source, content, quality, packaging and labeling of kratom products sold in or delivered to the state. A first offense is punishable by a fine not to exceed $250.00, a second offense by a fine not to exceed $500.00, and a third offense by a fine of up to $1,000.00, and a fourth or subsequent offense amounts to a misdemeanor of a high and aggravated nature. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-13-122 (g)(2) as offenses for which those charged are to be fingerprinted.
The twenty-fourth misdemeanor offense is O.C.G.A. § 36-80-23 (e). This Code section makes it unlawful for any local official or employee to knowingly and willfully violate any provision of the Code section, which in tum prohibits the enactment, adoption, implementation, or enforcement of any sanctuary policy ( defined as a policy which' prohibits or restricts local officials or employees from complying with an immigration detainer notice or communicating or cooperating with federal officials or law enforcement officers with regard to reporting immigration status information"). A first conviction is punishable as a misdemeanor and a second or subsequent conviction is punishable as a misdemeanor of a high and aggravated nature. I hereby designate misdemeanor offenses arising under O.C.G.A. § 36-80-23 (e) as offenses for which those charged are to be fingerprinted.
The twenty-fifth misdemeanor offense is O.C.G.A. § 40-8-35 (e). This Code section makes it unlawful to operate any vehicle with flashing or revolving amber lights on a highway unless authorized by law to do so. I hereby designate misdemeanor offenses arising under O.C.G.A. § 40-8-35 (e) as offenses for which those charged are to be fingerprinted.
The twenty-sixth misdemeanor offense is O.C.G.A. § 42-4-14 (h). This Code section makes it unlawful for any jailer to knowingly and willfully violate any of its provisions, which requires jail officials to determine whether detainees are present in the U.S. in violation of the INA; attempt to verify whether a detainee is a consular officer or diplomat if the person claims to be one and release such individuals upon verification; attempt to verify lawful presence of detainees; provide interpreters where needed; and maintain records of communications made pursuant to the Code section. A first conviction is punishable as a misdemeanor and a second or subsequent conviction is punishable as a misdemeanor of a high and aggravated nature. I hereby designate misdemeanor offenses arising under O.C.G.A. § 42-4-14 (h) as offenses for which those charged are to be fingerprinted.
The twenty-seventh misdemeanor offense is O.C.G.A. § 50-18-160 (h). This Code section makes it unlawful for an employee of a public agency to knowingly collect or disclose personal information in a manner prohibited by the Code section. An offense is punishable by imprisonment for not more than 90 days and/or a fine of not more than $1,000.00. An offense arising from a violation of this Code section does not 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 misdemeanor offense identified from a prior legislative session is O.C.G.A. § 44-14-12. This Code section makes it unlawful for a person to defraud another in the sale or disposition of any property, either real or personal, by falsely representing that the property is not subject to any lien while knowing that the property is subject to a lien or any person who fraudulently makes a second deed of conveyance to any land or real estate. I hereby designate misdemeanor offenses arising under O.C.G.A. § 44-14-12 as offenses for which those charged are to be fingerprinted.
Prepared by Senior Assistant Attorney General Deborah Nolan Gore