Which misdemeanor offenses created in the 2006 Georgia legislative session require fingerprinting at booking, and which don't?

Plain-English summary

The Deputy Director of the Georgia Crime Information Center asked which of sixteen misdemeanor offenses from the 2006 legislative session should require fingerprinting of people charged with them. O.C.G.A. § 35-3-33(a)(1)(A)(v) authorized the Attorney General to designate offenses beyond the statutory list. This opinion designates fourteen of the sixteen and declines to designate two.

Designated for fingerprinting:

1. O.C.G.A. § 4-8-43, violations of the vicious-dog statute.
2. O.C.G.A. §§ 16-5-28 and 16-5-29, assault and battery on an unborn child.
3. O.C.G.A. § 16-11-34.2(c), disrupting a funeral or memorial service.
4. O.C.G.A. § 16-11-127.2(a), possessing a firearm or other weapon at a nuclear power facility.
5. O.C.G.A. § 20-2-1180(b)(1) and (2), entering a school without checking in or loitering there.
6. O.C.G.A. § 27-5-2.1, the described live-cervid and cervid-carcass offenses.
7. O.C.G.A. § 32-6-52(d)(1), outdoor advertising visible from the roadway that displays nudity or sexual conduct.
8. O.C.G.A. § 40-6-77, failure to yield to a motorcycle, bicycle, pedestrian, or farm vehicle resulting in serious injury.
9. O.C.G.A. § 43-20A-4(j), violations regulating immigration-assistance services.
10. O.C.G.A. §§ 48-8-7(b), 48-8-8(b), 48-8-9(b), and 48-8-10(b), the four listed sales-tax dealer offenses.

That list contains fourteen statutory offenses because the second item contains two sections and the tenth contains four. The AG did not designate O.C.G.A. § 32-6-51(f), placement of unauthorized structures or signage in a highway right-of-way, or § 43-44-16, unlicensed speech-language pathology or audiology practice.

The designation sentence for the outdoor-advertising offense says “§ 36-6-52(d)(1),” while the request and the preceding explanation identify § 32-6-52(d)(1). The opinion expressly says “I hereby designate” that offense. The apparent section-number typo does not turn it into a non-designation.

Currency note

This opinion was issued in 2007 and addresses the listed offenses as then described. Check the current statute and fingerprinting requirements before using it for a present-day charge.

Common questions

Q: Which offenses on this list were excluded from fingerprinting?
A: The AG declined to designate only unauthorized right-of-way structures under O.C.G.A. § 32-6-51(f) and unlicensed speech-language pathology or audiology practice under § 43-44-16.

Q: Did the AG designate the outdoor-advertising offense?
A: Yes. The opinion identifies the offense as O.C.G.A. § 32-6-52(d)(1) and expressly designates it. The designation sentence itself cites § 36-6-52(d)(1), an apparent section-number typo.

Q: Did the AG designate all four sales-tax dealer offenses?
A: Yes. The opinion separately designates failure to collect sales tax, making a fraudulent return, refusing to furnish a return, and failing to keep or open records for inspection under §§ 48-8-7(b) through 48-8-10(b), respectively.

Q: Was a right-of-way violation involving serious injury designated?
A: Yes. O.C.G.A. § 40-6-77 covers the described failure to yield to a motorcycle, bicycle, pedestrian, or farm vehicle when it results in serious injury. That is distinct from the unauthorized highway right-of-way structure offense the AG did not designate.

Q: Why were these offenses chosen?
A: The opinion describes each offense and states the designation decision. It does not set out a general policy based on violence, fraud, repeat offenders, or investigative value.

Background and statutory framework

The AG reviewed each of the sixteen statutes identified by the GCIC request under O.C.G.A. § 35-3-33(a)(1)(A)(v). Fourteen paragraphs expressly designate fingerprinting; two expressly decline. The page's lists follow those decisions and distinguish the two different statutes using the words “right of way.”

Citations and references

Statutes: O.C.G.A. § 35-3-33(a)(1)(A)(v); § 4-8-43; §§ 16-5-28, 16-5-29, 16-11-34.2(c), 16-11-127.2(a); § 20-2-1180(b)(1) and (2); § 27-5-2.1; §§ 32-6-51(f), 32-6-52(d)(1); § 40-6-77; §§ 43-20A-4(j), 43-44-16; §§ 48-8-7(b), 48-8-8(b), 48-8-9(b), 48-8-10(b).

Source

• Landing page: https://law.georgia.gov/opinions/2007-1
• Original PDF: not linked from landing page

Original opinion text

You have requested, in your letter of December 20, 2006, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2006 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. § 4-8-43 (regarding vicious dogs); O.C.G.A. § 16-5-28 (assault on an unborn child); O.C.G.A. § 16-5-29 (battery on an unborn child); O.C.G.A. § 16-11-34.2(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. § 20-2-1180(b)(1) and (2) (loitering upon school premises); O.C.G.A. § 27-5-2.1(b)(2)(A) (prohibition on possession of cervid carcasses); O.C.G.A. § 32-6-51(f) (erection of unauthorized structures in right-of-way); O.C.G.A. § 32-6-52(d)(1) (nudity on outdoor advertising); O.C.G.A. § 40-6-77 (serious injury due to right of way violation involving motorcyclist); O.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 furnish 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)(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. § 4-8-43. That Code section provides graduated misdemeanor penalties for persons who violate provisions of an act regulating vicious dogs. I hereby 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 a new form of the offense of assault, for assaults on an unborn child. I hereby designate offenses arising under O.C.G.A. § 16-5-28 as offenses for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 16-5-29. That Code section provides a new form of the offense of battery, for battery on an unborn child. I hereby designate offenses arising under O.C.G.A. § 16-5-29 as offenses for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 16-11-34.2(c). That Code section provides that it shall be a misdemeanor to disrupt a funeral or memorial service. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16-11-34.2(c) as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 16-11-127.2(a). That Code section provides that it shall be a misdemeanor to possess a firearm or other weapon on the premises of a nuclear power facility. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16-11-127.2(a) as offenses for which those charged are to be fingerprinted. The sixth misdemeanor offense is O.C.G.A. § 20-2-1180(b)(1) and (2). That Code section provides that it shall be a misdemeanor of a high and aggravated nature to enter a school without checking in with the office of the school or to loiter in a school. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 20-2-1180(b)(1)(2) as offenses for which those charged are to be fingerprinted. The seventh misdemeanor offense is O.C.G.A. § 27-5-2.1. That Code section provides that it shall be a misdemeanor of a high and aggravated nature to import live cervid (deer) into Georgia and a misdemeanor to import or possess a cervid carcass from any state having documented cases of certain cervid diseases. I hereby designate offenses arising under O.C.G.A. § 27-5-2.1 as offenses for which those charged are to be fingerprinted. The eighth misdemeanor offense is O.C.G.A. § 32-6-51(f). That Code section prohibits placement of signage or structures on highway right-of-way. 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 ninth misdemeanor offense is O.C.G.A. § 32-6-52(d)(1). That Code prohibits the display of any outdoor advertising visible from the roadway that displays nudity or sexual conduct. I hereby designate offenses arising under O.C.G.A. § 36-6-52(d)(1) as offenses for which those charged are to be fingerprinted. The tenth misdemeanor offense is O.C.G.A. § 40-6-77. That Code section amends the Uniform Rules of the Road and provides that it shall be a misdemeanor to fail to yield the right of way to a motorcycle, bicycle, pedestrian or farm vehicle which results in serious injury to another person. I hereby designate offenses arising under O.C.G.A. § 40-6-77 as offenses for which those charged are to be fingerprinted. The eleventh misdemeanor offense is O.C.G.A. § 43-20A-4(j). That Code section provides graduated penalties up to a misdemeanor of a high and aggravated nature for violations of the statute regulating the business of operating an immigration assistance service. I hereby designate offenses arising under O.C.G.A. § 43-20A-4(j) as offenses for which those charged are to be fingerprinted. The twelfth misdemeanor offense is O.C.G.A. § 43-44-16. That Code section provides that it shall be a misdemeanor to practice speech-language pathology or audiology when not legally registered or licensed to do so. 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 thirteenth offense is O.C.G.A. § 48-8-7(b). That Code section provides graduated penalties up to felony level for a dealer to fail to collect sales tax. I hereby designate offenses arising under O.C.G.A. § 48-8-7(b) as offenses for which those charged are to be fingerprinted. The fourteenth misdemeanor offense is O.C.G.A. § 48-8-8(b). That Code section provides graduated penalties up to felony level for a dealer to make a fraudulent sales tax return. I hereby designate offenses arising under O.C.G.A. § 48-8-8(b) as offenses for which those charged are to be fingerprinted. The fifteenth misdemeanor offense is O.C.G.A. § 48-8-9(b). That Code section provides graduated penalties up to felony level for a dealer to refuse to furnish a sales tax return to the Revenue Commissioner. I hereby designate offenses arising under O.C.G.A. § 48-8-9(b) as offenses for which those charged are to be fingerprinted. The sixteenth misdemeanor offense is O.C.G.A. § 48-8-10(b). That Code section provides graduated penalties up to felony level for a dealer to fail to keep records or to open records for inspection by the Revenue Commissioner. I hereby designate offenses arising under O.C.G.A. § 48-8-10(b) as offenses for which those charged are to be fingerprinted. I trust that my revisions of the specific designations of those offenses for which persons charged with violations are to be fingerprinted will aid you in discharging your duties pursuant to the Georgia Crime Information Act. Prepared by: JOSEPH DROLET Senior Assistant Attorney General