Title 35 — Title 35

As used in this chapter, the term: (1) ‘‘Bureau’’ means the Georgia Bureau of Investigation. (2) ‘‘Director’’ means the director of the Georgia Bureau of Investigation. History. — Code 1981, § 35-3-1; Ga. L. 2005, p. 599, § 1/SB 146. Editor’s notes. — This Code section was create…

This article shall be known and may be cited as the ‘‘Georgia Bureau of Investigation Nomenclature Act of 1995.’’ History. — Code 1981, § 35-3-100, enacted by Ga. L. 1995, p. 925, § 3. 35-3-101. Definitions.

As used in this article, the term: (1) ‘‘Badge’’ means any official badge used by employees of the Georgia Bureau of Investigation, either in the past or currently. (2) ‘‘Bureau’’ means the Georgia Bureau of Investigation, its divisions, or operations under its command. (3) ‘‘Dir…

Whoever, except with the written permission of the director, knowingly uses the words ‘‘Georgia Bureau of Investigation,’’ ‘‘GBI,’’ ‘‘agent of the Georgia Bureau of Investigation,’’ ‘‘Division of Forensic Sciences,’’ ‘‘DOFS,’’ ‘‘Georgia Crime Information Center,’’ ‘‘GCIC,’’ or ‘‘…

Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the bureau without written permission from the director shall be in violation of this article. 149 35-3-106 History. — Code 1981, § 35-3-103, enacted by Ga. L. 1995, p…

Any person wishing permission to use either bureau nomenclature or symbols may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the pe…

Whenever there shall be an actual or threatened violation of Code Section 35-3-102 or 35-3-103, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the …

In addition to any other relief or sanction for a violation of Code Section 35-3-102 or 35-3-103, where the violation is willful, the director shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful vio…

Any person who has given money or any other item of value to another person due in part to such person’s use of bureau nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the…

Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violat…

Creation. Divisions of bureau. Powers and duties of bureau generally. Subpoena for production of electronic communication service records for computer or electronic device used in furtherance of certain offenses against minors. Subpoena authority for investigating fraudulent real…

As used in this article, the term: (1) ‘‘Board’’ means the Board of Public Safety. (2) ‘‘Crime lab’’ or ‘‘state crime lab’’ means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (3) ‘‘Director’’ means the director of the Georgia Bureau of Investigation. …

The Division of Forensic Sciences of the Georgia Bureau of Investigation: (1) Shall provide a state-wide system of laboratories dedicated to conducting forensic analysis of evidence submitted to the laboratory by law enforcement agencies, prosecuting attorneys, coroners, and medi…

Responsibilities. Appointment, powers, and responsibilities of division director. 35-3-153. Chief medical examiner office created; appointment; responsibilities. 35-3-154. Division requirements.

The division shall: (1) Establish written standards and procedures for the administration of forensic testing. The division shall retain a copy of any procedure adopted pursuant to this paragraph which is modified for a period of five years from the date of its being superseded b…

(a) A copy of a report of the methods and findings of any examination or analysis conducted by an employee of the state crime laboratory or an employee of a laboratory with which the state crime laboratory has a contract for the provision of laboratory or scientific examination o…

Unless otherwise specifically provided by law, technical, scientific, and similar processes, procedures, guidelines, standards, and methods for the collection, preservation, or testing of evidence adopted by the division shall not be subject to the provisions of Chapter 13 of Tit…

(a) As used in this article, the term: (1) ‘‘Department’’ means the Department of Corrections. (2) ‘‘Detention facility’’ means a penal institution under the jurisdiction of the department, including penal institutions operated by a private company on behalf of the department, in…

(a) Each sample required pursuant to Code Section 35-3-160 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit of the detention facility or at such other place as is designated by the department. Each sample r…

(a) The bureau shall purge all records and identifiable information in the data bank pertaining to the DNA profile of the individual and shall destroy all such DNA samples collected from such individual within 30 days of the receipt of a certified copy of the applicable: (1) Cour…

This article shall be known and may be cited as the ‘‘Mattie’s Call Act.’’ History. — Code 1981, § 38-3-110, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Code 1981, § 35-3-170, as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23. Editor’s notes. — Ga…

As used in this article, the term: 167 35-3-173 (1) ‘‘Alert system’’ means the state-wide ‘‘Mattie’s Call’’ alert system for missing disabled adults and medically endangered persons. (2) ‘‘Disabled adult’’ means an adult who is developmentally impaired or who suffers from dementi…

(a) The director is the state-wide coordinator of the alert system. (b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and 168 35-3-174 directives shall include instructions on the procedures for act…

(a) On notification by a local law enforcement agency that a disabled adult or medically endangered person is missing, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if: (1) A local law enforcement age…

Before requesting activation of the alert system, a law enforcement agency shall verify that the criteria described by subsection (a) of Code Section 35-3-176 have been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert, based on the nature…

— Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: ‘‘This Act shall be known…

There is created a Georgia Bureau of Investigation which shall be a separate department and agency of state government. History. — Ga. L. 1937, p. 322, art. 3, § 1; Ga. L. 1972, p. 1015, §§ 1608, 1608.1; Ga. L. 1974, p. 109, § 2.

As used in this article, the term: (1) ‘‘Center’’ means the Georgia Information Sharing and Analysis Center. (2) ‘‘Fusion center’’ means collaborative effort which combines resources, expertise, intelligence, and other information from various agencies of state and local governme…

There is established the Georgia Information Sharing and Analysis Center as a distinct division within the Georgia Bureau of Investigation. The center shall be a fusion center maintaining criminal intelligence and terrorism analytical components. The officer or agent charged with…

Reserved. Repealed by Ga. L. 2018, p. 681, § 2-1/HB 779, effective July 1, 2018. 176 35-3-204 Editor’s notes. — This Code section was based on Code 1981, § 35-3-202, enacted by Ga. L. 2016, p. 91, § 5/SB 416. 35-3-203. Cooperative activities of center.

(a) The center shall share and provide homeland security activity information to the director of emergency management and homeland security, including, but not limited to, threats, warnings, and developing situations, when an investigation reveals conduct of a terroristic nature …

(a) Membership in the center shall consist of the director, the director of emergency management and homeland security, the commissioner of public safety, the commissioner of natural resources, the commissioner of corrections, the state fire marshal, the Attorney General, the adj…

The Georgia Bureau of Investigation shall be composed of the Investigations Division, the Forensic Sciences Division, the Georgia Crime Information Center Division, and such other divisions as may be created by the board. History. — Ga. L. 1974, p. 109, § 2; Ga. L. 1980, p. 497, …

As used in this article, the term: (1) ‘‘Career criminal’’ means any person who has been previously convicted three times under the laws of this state of felonies or under the laws of any other state or the United States of crimes which would be felonies if committed within this …

Establishment of center; staff and equipment generally; State Personnel Board status of personnel. 35-3-32. Establishment of council; composition; duties and responsibilities of council generally. 35-3-33. Powers and duties of center generally. 35-3-34. Disclosure and disseminati…

(a) The center shall: (1) Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who: (A) Have been or are hereafter arrested or taken into custody in this state: (i) For an offense which is a felony; (ii) For an offense which…

35-3-36. Duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to center; responsibility for accuracy. 35-3-37. Review of individual’s criminal history record information; definitions; privacy considerations; written a…

(a) It shall be the duty of the bureau to: (1) Take, receive, and forward fingerprints, photographs, descriptions, and measurements of persons in cooperation with the bureaus and departments of other states and of the United States; (2) Exchange information relating to crime and …

(a) In any investigation of a violation of Article 8 of Chapter 5 of Title 16 or other criminal violation involving the abuse, neglect, or exploitation of a disabled adult, elder person, or resident, the director, assistant director, or deputy director for investigations shall be…

(a) In the event of conflict, this article shall to the extent of the conflict supersede all existing statutes which regulate, control, or otherwise relate, directly or by implication, to the collection, storage, and dissemination or usage of fingerprint identification, offender …

The director shall be in the unclassified service as defined by Code Section 45-20-2 and his or her compensation shall be fixed by the board. History. — Ga. L. 1974, p. 109, § 2; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-50/HB 642.

This article shall be known and may be cited as the ‘‘Antiterrorism Act.’’ History. — Code 1981, § 35-3-60, enacted by Ga. L. 1984, p. 22, § 35. Editor’s notes. — Ga. L. 1984, p. 22, § 35, effective February 3, 1984, repealed former Code Section 35-3-60, which dealt with legislat…

(a) This article is enacted as a direct response to the high level of reactivation of violent and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these vio…

There is established a special Antiterrorism Task Force within the Georgia Bureau of Investigation. This Antiterrorism Task Force shall operate independently of any other investigative operations within the Georgia Bureau of Investigation and shall devote itself to the tasks of i…

Legislative findings; purpose; liberal construction. ‘‘Terroristic act’’ defined. Creation of task force; purposes. Confidentiality of investigative reports and identity of agents. Authority to work with other law enforcement agencies. Sec. 35-3-83. 35-3-84. 35-3-85. Georgia Bure…

(a) All properly appointed agents of the bureau shall have the powers, including the power of making arrests and appearing in court, for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer…

Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any futu…

As used in this article, the term: (1) ‘‘Missing child’’ or ‘‘missing children’’ means a person or persons under the age of 18 years whose temporary or permanent residences are in, or are believed to be in, this state and who have been reported as missing to a law enforcement age…

(a) There is authorized within the Georgia Bureau of Investigation the Missing Children Information Center. The center shall serve as a 145 35-3-82 central repository of information regarding missing children and shall collect and disseminate such information as is necessary to a…

Definitions. Permission required for use of bureau nomenclature. Permission required for use of bureau symbols. Procedures for seeking permission to use bureau nomenclature or symbols. Injunction against violations. Civil penalties. Damage suits against violators. Criminal penalt…