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2009 Georgia Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagga0006 and id is 1 raw text is: Page 1 of 2 geargio .gov ii.l1pnrtwrnt of TIinfix ~tate of 05evroia THURBERT E. BAKER 40 CAPIIoL SOUARE SW ATTORNEY GENERAL ATLANTA. OA 40-34-1300 OFFICIAL OPINION 2009-1 To: Deputy Director January 8, 2009 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, in your letter of October 1, 2008, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2008 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. Those offenses include: O.C.G.A. § 3-3-33 (restrictions on purchase, sale, or use of vaporized form of alcoholic beverages and alcohol vaporizing devices); O.C.G.A. § 4-8-6.1 (restrictions on removal of certain collars from dogs); O.C.G.A. § 16-8-5.2 (retail property fencing); O.C.G.A. § 16-12-37(c) (spectator at any place for the fighting of dogs); O.C.G.A. § 16-13-30.6(c) (purchase and sale of marijuana-flavored products); O.C.G.A. § 36-60-26 (restrictions on issuance of backdated licenses, permits, or other authorizing documents); O.C.G.A. § 38-3-142 (prohibitions on use of agency name without written permission); O.C.G.A. § 38-3-143 (prohibitions on use or display of agency symbols without written permission); O.C.G.A. § 40-5-20 (driving without a valid license); O.C.G.A. § 40-5-121 (driving while license suspended or revoked); O.C.G.A. § 45-7-32(a) (unlawful use of travel advance received from public funds; fraudulent request for reimbursement of expenses valued at less than $500 in the aggregate); O.C.G.A. § 50-5-80(b) (unlawful use of resources or methods of state purchasing to obtain anything of value for personal benefit or gain); and O.C.G.A. § 50-5-83(c) (misuse of state purchasing card by employee of a department or agency). 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. § 3-3-33. That Code section provides that it shall be a misdemeanor to purchase, offer for sale or use, sell, or use any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device, and it is also a misdemeanor to own or possess any alcohol vaporizing device. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 3-3-33 as offenses for which those charged are to be fingerprinted. The second misdemeanor offense is O.C.G.A. § 4-8-6.1. That Code section places restrictions upon the removal of a dog's collar with the intention of preventing the dog's owner from locating such dog, without permission of the dog's owner. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 4-8-6.1 as offenses for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 16-8-5.2. That Code section provides that it shall be a misdemeanor to knowingly buy, sell, transfer, or possess with the intent to sell or transfer retail property that such person knows or should have known was stolen. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16-8-5.2 as offenses for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 16-12-37(c). That Code section provides graduated penalties for persons who are knowingly present only as spectators at any place for the fighting of dogs. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16-12-37(c) as offenses for which those charged are to be fingerprinted.

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