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2007 Georgia Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagga0004 and id is 1 raw text is: AG Opinions - 2007 Pzyrtrmut vf 'Iiafx THURBERT E. bAKER 40 P1 CL SQ UA I SW1 ATTOFEY GSNERAL A TL AN A G 1 30 4 1100 OFFICIAL OPINION 2007-1 To: Deputy Director March 21, 2007 Georuia 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 December 20, 2006, my opinion concerlilu whether any of the following misdemeanor offenses enacted during the 2006 Session of the General Assembl\ should he designated as offenses for which persons charged with violations are to be fingerprinted. Those offenses include: O.C.G.A. § 4-8-43 (regarding vicious dogs): O.C.G.A. § 1 6-5-28 (assault on an unborn child): O.C.G.A. § 16-5-29 (battery on an unborn child): O.C.G.A. § 16-1 1-) 2(c) (disrupting a funeral service); O.C.G.A. § 16-11-127.2(a) (firearm or weapon on premises of nuclear power facility); O.C.G.A. § 20-2-11 80(b)(1) and (2) (loitering upon school premises): O.C.G.A. 27-5-11 (b)(2)(A) (prohibition on possession of cervid carcasses): O.C.G.A. 32-6-51(1) (erection of unauthorized structures in right-of-way O.C.G.A. § 32-6-52(d)( 1) ( nudity on outdoor uJ\ertising): O.C.G.A. § 40-6-77 (serious injury due to right of way violation involving motorcyclist): 0.C.G.A. § 43-20A-4(j) (private immigration assistance services); O.C.G.A. § 43-44-16 (practice of speech-language pathology or audiology); O.C.G.A. § 48-8-7(b) (collection of state sales tax): O.C.G.A. § 48 8 8(b) (filing false return by dealer): O.C.G.A. § 48-8-9(b) (failure of dealer to Lrnish return); O.C.G.A. § 48-8-10(b) (failure by dealer to keep or allow inspection of records). In addition to the list of fingerprintable offenses mandated by statute, O.C.G.A. § 35-3-33(a)( I )(A)(\) provides that the Attorney General may designate any other offense as one for which those charueed with violations are to be fingerprinted. The first misdemeanor offense is O.C.G.A. § 4-8-43. That Code section provides uradluated misdemeanor penalties for persons who violate provisions ofan act regulating vicious dogs. I hereb\ designate offenses arising under O.C.G.A. § 4-8-43 as offenses for which those charged are to be fingerprinted. The second misdemeanor offense is O.C.G.A, § 16-5-28. That Code section provides - ne\\ form of the offense of assault, for assaults on an unborn child. I hereby designate oflenses arisine under O.C.G.A. § 16-5-28 as offenses for which those charued are to be inuer printed. I of3

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