Definitions

As used in this article, the term: (1) “Conviction” means a finding or verdict of guilty or a plea of guilty. (2) “Crime” means a violation of Code Section 16-5-23 when the victim is a minor; a violation of Code Section 16-5-24 when the victim is a minor; a violation of Code Section 16-5-70; a violation of Code Section 16-12-1; a violation of Chapter 6 of Title 16, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16; a violation of Code Section 16-5-1; a violation of Code Section 16-4-1 as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph. (3) “Criminal record” means: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this subparagraph shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) “Employer” means any person, organization, corporation, or political subdivision which employs or uses the services of paid employees or volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children. 315 49-5-111 (5) “GCIC” means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) “GCIC information” means criminal history record information as defined in Code Section 35-3-30. (7) “Records check” means a records check comparison of GCIC information. (8) “Records check application” means a set of classifiable fingerprints, a records search fee in an amount to be determined by the Georgia Bureau of Investigation to cover the reasonable cost of such records check, payable in such form as the GCIC may direct to cover the cost of a records check under this article, and an affidavit by the applicant consenting to a records check and disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state. History. Code 1981, § 49-5-110, enacted by Ga. L. 1986, p. 669, § 1; Ga. L. 2013, p. 141, § 49/HB 79; Ga. L. 2013, p. 294, § 458/HB 242. Editor’s notes. Ga. L. 2013, p. 141, § 54(f)/HB79, not codified by the General Assembly, provides: “In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2013 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to paragraph (2) of this Code section by Ga. L. 2013, p. 141, § 49(7)/HB 79 will not be given effect in this Code section effective January 1, 2014. Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.” 49-5-111. Employers authorized to make records checks; procedure; retention of fingerprints. (a) On and after July 1, 1986, an employer may require that a new or current employee or volunteer submit to a records check for the purpose of determining whether such person has ever been convicted of a crime or has a criminal record. (b) An employer seeking a records check on an employee shall submit a records check application to the GCIC. Upon receipt thereof, the GCIC shall promptly conduct a search of its records and records to which it has access. Within a reasonable time after receiving the application, the 316 49-5-111 PROGRAMS & PROTECTION FOR CHILDREN 49-5-113 GCIC shall notify the employer in writing of any criminal record finding or of the fact of no such finding. (c) If the employer is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this article for such program and the employer shall notify the individual whose fingerprints were taken of the parameters of such retention. History. Code 1981, § 49-5-111, enacted by Ga. L. 1986, p. 669, § 1; Ga. L. 2018, p. 507, § 2-19/SB 336.