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2008 Georgia Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagga0005 and id is 1 raw text is: gVPrtman1 of 6fvh Atite of d~aoffi THURBERT E. BAKER 40 CAPITOL SQUARE SW ATTORNEY GENERAL ATLANTA GA U33340UO OFFICIAL OPINION 2008-1 To: Deputy Director, Georgia Crime Information Center February 26,2008 Re: Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints. You have requested my opinion on whether any of the following misdemeanor offenses enacted during the 2007 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. Additionally, you have identified one statute that has not been previously addressed. Those offenses include: O.C.G.A. § 15-11-9.1(h)(2) (definitions; role and responsibilities of Court Appointed Special Advocate); O.C.G.A. § 40-2-39.1(g) (restrictions on sale or advertising of used motor vehicles displayed or parked); O.C.G.A. § 42-5-65(d) (victim photographs prohibited); O.C.G.A. § 45-17-20(b) (notaries public); O.C.G.A. § 45-17-20(a) (notaries public); and O.C.G.A. § 48-4-23(b) (restrictions on county tax commissioners and their employees regarding purchasing properties). 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. § 15-11-9.1(h)(2). That Code section provides that it shall be a misdemeanor for any Court Appointed Special Advocate to disclose confidential information obtained during the course of his or her appointment. 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. § 40-2-39.1(g). That Code section places restrictions upon the number of used motor vehicles that can be displayed or parked upon a property. 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. § 42-5-65(d). That Code section provides that an inmate who is serving a sentence for a violation relating to crimes against the person shall be prohibited from possessing a photograph or other depiction of the victim of the offense for which the inmate is currently incarcerated where this photograph was part of the investigation or prosecution that led to the inmate's conviction. Inmates incarcerated for sexual offenses are prohibited from possessing any photographs or depictions of victims. This office has previously opined as to other offenses by inmates that since O.C.G.A. § 35-3-33(1)(c) requires that persons confined in any prison, penitentiary, or other penal institution are to be fingerprinted, it is unnecessary to designate such offenses as ones which require fingerprinting because offenders would have already been subject to fingerprinting upon confinement in the prison. See 1999 Op. Att'y Gen. 99-17; 1987 Op. Att'y Gen. 87-21. Accordingly, I am not, at this time, designating this offense as one for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 45-17-20(b). That Code section provides graduated penalties for persons who perform notarial services without complying with the provisions of the article. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 45-17-20(b) as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 45-17-20(a). That Code section provides that it shall be a misdemeanor

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