Title 35

(a) In any investigation of a violation of Code Section 16-5-46 involving trafficking of persons for labor or sexual servitude, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney Genera…

(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) There is created the position of director. (b) The director shall be the chief administrative officer and shall be both appointed and removed by the Board of Public Safety with the approval of the Governor. (c) The director shall coordinate and supervise the work of the Georg…

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.

The director and the commissioner of public safety are authorized to enter into agreements, subject to approval of the Board of Public Safety, for the provision of such services, material, or combination thereof as may be useful in the performance of the official duties of the bu…

(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…

(a) The director is authorized to retain on a contractual basis such persons as he or she shall deem necessary to detect and apprehend violators of the criminal statutes of this state pertaining to the possession, sale, or use of narcotics or other dangerous drugs. (b) Those pers…

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 …

(a) There is established for the state, within the Georgia Bureau of Investigation, a system for the intrastate communication of vital information relating to crimes, criminals, and criminal activity, to be known as the Georgia Crime Information Center. (b) Central responsibility…

(a) There is created the Georgia Crime Information Center Council. (b) The duties and responsibilities of the council are to: (1) Advise and assist in the establishment of policies under which the center is to be operated; (2) Ensure that the information obtained pursuant to this…

(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…

(a) The center shall be authorized to: (1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions: (A) Private individuals and businesses requesting criminal history records shall, at the time of the reque…

When a defendant has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offender’s record of arrests, charges, or sentences to the employers and entities and under the co…

(a) It is the purpose of this Code section to authorize and facilitate, but not require, the exchange of national criminal history background checks with authorized agencies on behalf of qualified entities as authorized under federal law. (b) As used in this Code section, the ter…

(a) The center shall be authorized to: (1) Make criminal history records maintained by the center available to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies or their designated representat…

(a) All criminal justice agencies within the state shall submit to the center fingerprints, descriptions, photographs when specifically requested, and other identifying data on persons who have been lawfully arrested or taken into custody in the state for all felonies and for the…

(a) As used in this Code section, the term: (1) ‘‘Drug court treatment program’’ means a treatment program operated by a drug court division in accordance with the provisions of Code Section 15-1-15. (2) ‘‘Entity’’ means the arresting law enforcement agency, including county and …

(a) Any person who knowingly requests, obtains, or attempts to obtain criminal history record information under false pretenses, or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this art…

Any officer or official mentioned in this article who shall neglect or refuse to make any report or to do any act required by any provision of this article shall be deemed guilty of nonfeasance in office and subject to removal therefrom. History. — Ga. L. 1973, p. 1301, § 8.

(a) As used in this Code section, the term: (1) ‘‘Compact’’ means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law. (2) ‘‘Compact council’’ means the compact council established by Article VI of the compact. (3) ‘‘Director’’ means th…

(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 …

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.

(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…

As used in this article, the term ‘‘terroristic act’’ means an act which constitutes a crime against the person or against the residence of an individual which is committed with the specific intent of and may reasonably be expected to instill fear into such person or persons or w…

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…

All efforts shall be made to maintain the confidentiality of the investigative efforts of the Antiterrorism Task Force and the identity of agents who operate in undercover assignments. Information may, however, be shared with other law enforcement agencies when, in the sole discr…

The Antiterrorism Task Force shall be authorized to work with and seek the assistance of other law enforcement agencies when, in the sole discretion of the director, such assistance would not compromise the successful completion of the investigations or cases being made. History.…

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 central repository of information regarding missing children and shall collect and disseminate such information as is necessary to assist in the…

(a) The center may: (1) Establish a system of intrastate communication of information relating to missing children; (2) Provide a centralized file for the exchange of information on missing children within the state; (3) Interface and connect with the National Crime Information C…

Upon the filing of a police report by the parent, guardian, caretaker, governmental unit responsible for the child, or other person with legal custody of the child that a child is missing, the local law enforcement agency receiving such report shall notify all of its on-duty law …

Every law enforcement agency and the Georgia Bureau of Investigation shall transmit to the Missing Children Information Center any information which is acquired or collected pursuant to Code Section 35-1-8 or Code Section 35-3-4, which information would assist in the location of …

Any public or private organization which makes lists of or maintains records on missing children as a primary activity of that organization and which seeks to operate in the State of Georgia shall register with the Missing Children Information Center. History. — Code 1981, § 35-3…

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.

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. History. — Code 1981, § 35-3-103, enacted by Ga. L. 1995, p. 925, § 3.

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…

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…

(a) Responsibility for the development, maintenance, and operations of the division shall be vested in the division director. (b) The division director shall be appointed by the director of the Georgia Bureau of Investigation. (c) The division director may, with the approval of t…