You requested an opinion concerning whether any of the new misdemeanor criminal offenses enacted during the 1994 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. § 16-10-24.2(b) which makes it unlawful to obstruct or hinder an emergency medical technician.

O.C.G.A. § 16-5-71 which makes it unlawful for any person to tattoo the body of any person under the age of 18.

O.C.G.A. § 16-11-132 which defines first offense under age possession of a hand gun.

O.C.G.A. § 16-12-161 makes it unlawful to remove human body parts from the scene of a death or dismemberment.

O.C.G.A. § 42-9-44.1 makes it unlawful to fail to register as a paroled sex offender.

The following provisions are not designated as fingerprintable misdemeanor offenses:

O.C.G.A. § 40-6-228 which defines misdemeanor handicapped parking-obstruction of monitors.

O.C.G.A. § 31-11-30 which defines misdemeanor operating ambulance without valid license.

O.C.G.A. § 43-30-1 which defines misdemeanor unlawful use of pharmaceutical agent by optometrists.

O.C.G.A. § 4-14-1 which defines misdemeanor sterilization of dogs and cats -- animal shelters.

O.C.G.A. § 15-14-36 which defines misdemeanor court reporters -- practicing without license.

O.C.G.A. § 34-10-4 which defines misdemeanor Labor Pools-Work Site Employers.

O.C.G.A. § 20-3-250.7 which defines misdemeanor Nonpublic Postsecondary Educational Institutions Act -- Prohibited Activities.

O.C.G.A. § 43-21-16 which defines misdemeanor Innkeeping -- Price Gouging during the Olympics.

O.C.G.A. § 50-27-26 which defines misdemeanor sale of lottery tickets to minors.

O.C.G.A. § 21-2-414 which defines misdemeanor prohibited acts near polling places.

O.C.G.A. § 21-3-321 which defines misdemeanor prohibited acts near polling places -- municipal elections.

O.C.G.A. § 10-1-360 which defines misdemeanor flea market vendor records -- failure to keep.

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