OFFICIAL CODE OF GEORGIA ANNOTATED 2013 Supplement IncludingActs ofthe 2013 Regular Session ofthe General Assembly Prepared by The Code Revision Commission The Office ofLegislative Counsel and The Editorial StaffofLexisNexis® Published Under Authority ofthe State ofGeorgia Volume 27 2012 Edition Title 35. Law Enforcement Officers and Agencies Title 36. Local Government IncludingAnnotations to the Georgia Reports and the GeorgiaAppeals Reports Place in Pocket of Corresponding Volume of Main Set LexisNexis® Charlottesville, Virginia Copyright © 2013 BY The State of Georgia All rights reserved. ISBN 978-0-327-11074-3 (set) ISBN 978-0-7698-4590-6 5014730 (Pub.41805) THIS SUPPLEMENT CONTAINS Statutes: All laws specifically codified by the General Assembly ofthe State of Georgia through the 2013 Regular Session ofthe General Assembly. Annotations ofJudicial Decisions: Case annotations reflecting decisions posted to LexisNexis® through March 29, 2013. These annotations will appear in the following tradi- tional reporter sources: Georgia Reports; Georgia Appeals Reports; Southeastern Reporter; Supreme Court Reporter; Federal Reporter; Federal Supplement; Federal Rules Decisions; Lawyers' Edition; United States Reports; and Bankruptcy Reporter. Annotations ofAttorney General Opinions: Constructions ofthe Official Code ofGeorgiaAnnotated, prior Codes ofGeorgia, Georgia Laws, the Constitution ofGeorgia, and the Consti- tution of the United States by the Attorney General of the State of Georgia posted to LexisNexis® through March 29, 2013. OtherAnnotations: References to: Emory Bankruptcy Developments Journal. Emory International Law Review. Emory Law Journal. Georgia Journal of International and Comparative Law. Georgia Law Review. Georgia State University Law Review. Mercer Law Review. Georgia State Bar Journal. Georgia Journal of Intellectual Property Law. American Jurisprudence, Second Edition. American Jurisprudence, Pleading and Practice. American Jurisprudence, ProofofFacts. American Jurisprudence, Trials. Corpus Juris Secundum. Uniform Laws Annotated. American Law Reports, First through Sixth Series. American Law Reports, Federal. Tables: In Volume 41, a Table Eleven-A comparing provisions of the 1976 Constitution ofGeorgia to the 1983 Constitution ofGeorgia and a Table Eleven-B comparing provisions of the 1983 Constitution of Georgia to the 1976 Constitution of Georgia. An updated version of Table Fifteen which reflects legislation through the 2013 Regular Session ofthe General Assembly. iii Indices: A cumulative replacement index to laws codified in the 2013 supple- ment pamphlets and in the bound volumes ofthe Code. Contacting LexisNexis®: Visit our Website at http://www.lexisnexis.com for an online book- store, technical support, customer service, and other company informa- tion. Ifyou have questions or suggestions concerning the Official Code of Georgia Annotated, please write or call toll free 1-800-833-9844, fax at 1-518-487-3584, or email us at [email protected]. Di- rect written inquiries to: LexisNexis® Attn: Official Code of Georgia Annotated 701 East Water Street Charlottesville, Virginia 22902-5389 IV TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES Chap. 1. General Provisions, 35-1-1 through 35-1-17. 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-191. 8. Employment and Training ofPeace Officers, 35-8-1 through 35-8-26. CHAPTER 1 GENERAL PROVISIONS Sec. 35-1-9. Utilization of alarm verifica- tion required. 35-1-9. Utilization of alarm verification required. (a) As used in this Code section, the term: (1) "Alarm monitoring company" means any person, company, corporation, partnership, business, or a representative or agency thereof authorized to provide alarm monitoring services for burglar alarm systems, fire alarm systems, or other similar electronic secu- rity systems whether such systems are maintained on commercial business property, public property, or individual residential property. (2) "Alarm verification" means a reasonable attempt by an alarm monitoring company to contact the alarm site or alarm user, by telephone or other electronic means, to determine whether a burglar alarm signal is valid prior to requesting law enforcement to be dispatched to the location and, where the initial attempted contact cannot be made, a second reasonable attempt to make such contact utilizing a different telephone number or electronic address or number. (b) Except as provided in subsection (c) ofthis Code section, an alarm monitoring company shall utilize a system providing for alarm verifi- cation of all alarm signals. (c) Alarm verification shall not be required in the case ofa fire alarm or a panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified to be true by video or audible 2013 Supp. 1 35-1-9 LAW ENFORCEMENT OFFICERSAND AGENCIES 35-3-4 means. (Code 1981, § 35-1-9, enacted by Ga. L. 2013, p. 750, § 1/HB 59.) — Effective date. This Code section forcement agency for commercial solicita- became effective Jul—y 1, 2013. tion and was based on Ga. L. 1999, p. Editor's notes. This Code section 1868, § 1. The former Code section was formerly pertained to the prohibition of repealed by Ga. L. 1999, p. 809, § 2, inspecting or copying records of law en- effective July 1, 1999. CHAPTER 3 GEORGIA BUREAU OF INVESTIGATION Article 1 Sec. General Provisions historyrecordinformation;def- initions; privacy consider- Sec. ations; written application re- 35-3-4. Powers and duties of bureau questing review; inspection. generally. Article 6A Article 2 DNASampling, Collection, and Georgia Crime Information Center Analysis 35-3-33. (For effective date, see note.) 35-3-163. Dissemination of information Powers and duties of center in data bank to law enforce- generally. ment officials; comparison of 35-3-34.1. Circumstances when exoner- profile; request for search; sep- ated first offender's criminal arate statistical data base au- record may be disclosed. thorized; fee for search and 35-3-37. Review ofindividual's criminal comparative analysis. ARTICLE 1 GENERAL PROVISIONS 35-3-4. Powers and duties of bureau generally. (a) It shall be the duty ofthe bureau to: (1) Take, receive, and forward fingerprints, photographs, descrip- tions, and measurements ofpersons in cooperation with the bureaus and departments of other states and ofthe United States; (2) Exchange information relating to crime and criminals; (3) Keep permanent files and records ofsuch information procured or received; (4) Provide for the scientific investigation of articles used in committing crimes or articles, fingerprints, or bloodstains found at the scene of a crime; 2013 Supp. 35-3-4 GEORGIABUREAU OF INVESTIGATION 35-3-4 (5) Provide for the testing and identification of weapons and projectiles fired therefrom; (6) Acquire, collect, classify, and preserve any information which would assist in the identification ofany deceased individual who has not been identified after the discovery of such deceased individual; (7) Acquire, collect, classify, and preserve immediately any infor- mation which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the bureau shall acquire, collect, classify, and preserve such information from such parent, guardian, or next ofkin; (8) Exchange such records and information as provided in para- graphs (6) and (7) ofthis subsection with, and for the official use of, authorized officials of the federal government, the states, cities, counties, and penal and other institutions. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies; (9) Identify and investigate violations ofArticle 4 of Chapter 7 of Title 16; (10) Identify and investigate violations of Part 2 of Article 3 of Chapter 12 ofTitle 16, relating to offenses related to minors; (11) Identify and investigate violations ofArticle 8 ofChapter 9 of Title 16; (12) Identify and investigate violations ofArticle 5 ofChapter 8 of Title 16; (13) Identify and investigate violations of Code Section 16-5-46; (14) Identify and investigate violations ofArticle 8 ofChapter 5 of Title 16; and (15)(A) Acquire, collect, analyze, and provide to the board any information which will assist the board in determining a sexual offender's risk assessment classification in accordance with the board's duties as specified in Code Section 42-1-14, including, but not limited to, obtaining: (i) Incident, investigative, supplemental, and arrest reports from law enforcement agencies; (ii) Records from clerks of court; (hi) Records and information maintained by prosecuting at- torneys; (iv) Records maintained by state agencies, provided that any records provided by the State Board ofPardons and Paroles that 2013 Supp. 3 35-3-4 LAW ENFORCEMENT OFFICERSANDAGENCIES 35-3-33 are classified as confidential state secrets pursuant to Code Section 42-9-53 shall remain confidential and shall not be made available to any other person or entity or be subject to subpoena unless declassified by the State Board of Pardons and Paroles; and (v) Otherdocuments or information as requestedbythe board. (B) As used in this paragraph, the term: (i) "Board" means the Sexual Offender Registration Review Board. (ii) "Risk assessment classification" means the level into which a sexual offender is placed based on the board's assess- ment. (hi) "Sexual offender" has the same meaning as set forth in Code Section 42-1-12. (b) In addition to the duties provided in subsection (a) of this Code section, the members ofthe bureau shall have and are vested with the same authority, powers, and duties as are possessed by the members of the Uniform Division of the Department of Public Safety under this title. (Ga. L. 1937, p. 322, art. 3, § 1; Ga. L. 1941, p. 277, § 4; Ga. L. 1974, p. 109, § 2; Ga. L. 1977, p. 752, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1984, p. 690, § 2; Ga. L. 1985, p. 149, § 35; Ga. L. 1996, p. 416, § 9; Ga. L. 2007, p. 283, § 3/SB 98; Ga. L. 2008, p. 601, § 2/SB 388; Ga. L. 2010, p. 1162, § 2/SB 371; Ga. L. 2011, p. 217, § 9/HB 200; Ga. L. 2012, p. 351, § 5/HB 1110; Ga. L. 2012, p. 985, § 1/HB 895; Ga. L. 2013, p. 524, § 3-5/HB 78; Ga. L. 2013, p. 1056, § 3/HB 122.) — The 2013 amendments. The first the proviso at the end of division 2013 amendment, effective July 1, 2013, (a)(15)(A)(iv). — substituted "Article 8 ofChapter5 ofTitle Law reviews. For annual surveyon 16" for "Code Section 30-5-8 or 16-5-100" administrative law, see 64 Mercer L. Rev. in paragraph (a)(14). The second 2013 39 (2012). amendment, effective July 1, 2013, added ARTICLE 2 GEORGIA CRIME INFORMATION CENTER 35-3-33. (For effective date, see note.) Powers and duties of center generally. (a) The center shall: (1) Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who: 4 2013 Supp. 35-3-33 GEORGIABUREAU OF INVESTIGATION 35-3-33 (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 is a misdemeanor or a violation ofan ordinance involving burglary tools, commercial gambling, deal- ing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, dangerous drugs, marijuana, narcotics, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worth- less checks; (iii) For an offense charged as disorderly conduct but which relates to an act connectedwith one or more ofthe offenses under division (ii) ofthis subparagraph; (iv) As a fugitive from justice; or (v) For any other offense designated by theAttorney General; (B) Are or become career criminals, well-known offenders, or habitual offenders; (C) Are currently orbecome confined to any prison, penitentiary, or other penal institution; (D) Are unidentified human corpses found in this state; or (E) Are children who are charged with an offense that if com- mitted by an adult would be a felony or are children whose cases are transferred from ajuvenile court to another court for prosecu- tion; (2) Compare all fingerprint and other identifying data received with those already on file and, whether or not a criminal record is found for a person, at once inform the requesting agency or arresting officer ofsuch facts as may be disseminated consistent with applica- ble security and privacy laws and regulations. A log shall be main- tained ofall disseminations made ofeach individual criminal history including at least the date and recipient of such information; (3) Provide a uniform crime reporting system for the periodic collection, analysis, and reportingofcrimes reported to and otherwise processed by any and all law enforcement agencies within the state, as defined and provided for in this article; (4) Periodically conduct audits of crime reporting practices of criminaljustice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting ofcriminal arrests, dispositions, and custodial information; 2013 Supp. 5 35-3-33 LAW ENFORCEMENT OFFICERSAND AGENCIES 35-3-33 (5) Develop, operate, and maintain an information system which will support the collection, storage, retrieval, and dissemination ofall crime and offender data described in this article consistentwith those principles of scope, security, and responsiveness prescribed by this article; (6) Cooperate with all criminaljustice agencies within the state in providing those forms, procedures, standards, and related training assistance necessary for the uniform operation ofthe center; (7) Offer assistance and, when practicable, instruction to all crim- inal justice agencies in establishing efficient local records systems; (8) Compile statistics on the nature and extent ofcrime in the state and compile other data related to planningfor and operating criminal justice agencies, provided that such statistics do not identify persons, and make available all such statistical information obtained to the Governor, the General Assembly, and any other governmental agen- cies whose primary responsibilities include the planning, develop- ment, or execution of crime reduction programs. Access to such information by the latter governmental agencies will be on an individual, written request basis wherein must be demonstrated a need to know, the intent of any analyses, dissemination of such analyses, and any security provisions deemed necessary by the center; (9) Periodically publish in print or electronically statistics, no less frequently than annually, that do not identify persons and report such information to the Governor, the General Assembly, state and local criminaljustice agencies, and the general public. Such informa- tion shall accurately reflect the level and nature ofcrime in the state and the operations in general ofthe different types ofagencies within the criminal justice system; (10) Make available, upon request, to all local and state criminal justice agencies, all federal criminal justice agencies, and criminal justice agencies in other states any information in the files of the center which will aid these agencies in the performance of their official duties. For this purpose the center shall operate on a 24 hour basis, seven days a week. Such information when authorized by the council may also be made available to any other agency ofthe state or political subdivision ofthe state and to any other federal agencyupon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection ofcrime or the apprehension ofcriminal offenders; (11) Cooperate with other agencies ofthe state, the crime informa- tion agencies of other states, and the Uniform Crime Reports and National Crime Information Center systems ofthe Federal Bureau of 6 2013 Supp.