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2018 Georgia Code 35-3-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-3-30 Case Law from Google Scholar Amendments to OCGA 35-3-30

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-204.

ARTICLE 2 GEORGIA CRIME INFORMATION CENTER

35-3-30. Definitions.

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 state.

    (1.1) "Center" means the Georgia Crime Information Center.

  2. "Council" means the Georgia Crime Information Center Council.
  3. "Criminal justice agencies" means those public agencies at all levels of government which perform as their principal function activities relating to the apprehension, prosecution, adjudication, or rehabilitation of criminal offenders.
  4. "Criminal justice information" means the following classes of information:
    1. "Criminal history record information" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system.
    2. "Restricted data" means data which contains information relating to data-gathering techniques, distribution methods, manuals, and forms.
    3. "Secret data" means data which includes information dealing with those operational and programming elements which prevent unlawful intrusion into the Georgia Crime Information Center/Criminal Justice Information System computer system, the communications network, and satellite computer systems handling criminal justice information.
    4. "Sensitive data" means data which contains statistical information in the form of reports, lists, and documentation, which information may identify a group characteristic. It may apply to groups of persons, articles, vehicles, etc., such as white males or stolen guns.
  5. "Criminal justice information system" means all those agencies, procedures, mechanisms, media, and forms, as well as the information itself, which are or which become involved in the origination, transmittal, storage, retrieval, and dissemination of information related to reported offenses, offenders, and the subsequent actions related to such events or persons.
  6. "Law enforcement agency" means a governmental unit of one or more persons employed full time or part time by the state, a state agency or department, or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
  7. "Offense" means an act which is a felony, a misdemeanor, or a violation of a county or municipal ordinance.

(Ga. L. 1973, p. 1301, § 1; Ga. L. 1976, p. 617, § 1; Ga. L. 1982, p. 952, §§ 1, 3; Ga. L. 1984, p. 22, § 35; Ga. L. 1985, p. 149, § 35; Ga. L. 2006, p. 379, § 23/HB 1059.)

Editor's notes.

- Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."

Law reviews.

- For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 11 (2006). For comment, "Confidentiality and Dissemination of Personal Information: An Examination of State Laws Governing Data Protection," see 41 Emory L.J. 1185 (1992).

JUDICIAL DECISIONS

Cited in Meinken v. Burgess, 262 Ga. 863, 426 S.E.2d 876 (1993).

Cases Citing O.C.G.A. § 35-3-30

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Harvey v. State, 469 S.E.2d 176 (Ga. 1996).

Cited 47 times | Published | Supreme Court of Georgia | Apr 29, 1996 | 266 Ga. 671, 96 Fulton County D. Rep. 1623

...605, 372 S.E.2d 426 (1988). [2] Id. at 605, 372 S.E.2d 426. [3] See United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). [4] Id. at 606-607, 372 S.E.2d 426. [5] Gary v. State, 262 Ga. 573, 422 S.E.2d 426 (1992). [6] See OCGA § 35-3-30 to OCGA § 35-3-40....
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Napper v. Georgia Television Co., 356 S.E.2d 640 (Ga. 1987).

Cited 46 times | Published | Supreme Court of Georgia | May 6, 1987 | 257 Ga. 156, 14 Media L. Rep. (BNA) 1075

...ng the offenses involved, the disposition of the cases, and in some instances photographs of the arrestees. The appellant contends that under the statutory provisions under which the Georgia Crime *167 Information Center (GCIC) was established, OCGA § 35-3-30 et seq., this information is not subject to public disclosure. OCGA § 35-3-30 (4) (A) defines "criminal history record information." [4] OCGA § 35-3-34 (a) (1) authorizes the GCIC to make records of adjudications of guilt available to private persons and businesses under certain circumstances....
...ecurity intelligence investigation, confidential information furnished only by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger the life or physical safety of law enforcement personnel..." [4] Under OCGA § 35-3-30 (4) (A), "`[c]riminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information,...
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Mosley v. Lowe, 298 Ga. 363 (Ga. 2016).

Cited 9 times | Published | Supreme Court of Georgia | Jan 19, 2016 | 782 S.E.2d 43

...or businesses.” OCGA § 35-3-37 (a) (6). The Georgia Crime and Information Center (GCIC), which collects and maintains criminal history record information on a state- wide basis, is responsible for implementing the restriction of records. See id. at (h). 3 See OCGA § 35-3-30 (4) (A) (defining “criminal history record information” as “information collected by criminal justice agencies on individuals consisting of 3 pertaining to most arrests ultimately ending in non-conviction....
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Meinken v. Burgess, 426 S.E.2d 876 (Ga. 1993).

Cited 9 times | Published | Supreme Court of Georgia | Mar 15, 1993 | 262 Ga. 863, 93 Fulton County D. Rep. 1165

...657 (238 SE2d 361) (1977). In doing so, we conclude that expungement should be reserved for exceptional cases. Through the creation of the Georgia Crime Information Center (the "GCIC") for the purpose of maintaining and disseminating information on criminal records, OCGA §§ 35-3-30 to 35-3-40, the General Assembly has expressed a public policy favoring the maintenance and dissemination of such records....