O.C.G.A.

O.C.G.A. § 43-38-7.1 (2019)

Registration records of unarmed security employees; fingerprint identification of prospective registrants

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Any individual, firm, association, company, partnership, limited liability company, or corporation engaged in the private security business and licensed pursuant to Code Section 43-38-6 shall be required to maintain registration records of all guards, watchmen, or patrolmen who are unarmed pursuant to rules and regulations of the board. A licensee shall not be required to register such unarmed employees with the board. Unarmed employees shall be required to complete a certain number of hours of training as prescribed by the board, and a record of such training shall be maintained with the registration records of such employees.

(b) The licensee shall forward fingerprints received from each prospective registrant to the Georgia Crime Information Center of the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by the Georgia Bureau of Investigation and the fingerprint system of investigation established by the Federal Bureau of Investigation.

(c) It shall be the duty of the licensee to keep a record of all information received from the Georgia Bureau of Investigation and the Federal Bureau of Investigation with respect to criminal identification and to cooperate with the Georgia Bureau of Investigation, similar departments in other states, and the United States Department of Justice in any criminal identification system.

(d) At such times as the board may require, fingerprint cards of registrants may be periodically reprocessed by a licensee to identify criminal convictions subsequent to registration.

History

Code 1981, § 43-38-7.1, enacted by Ga. L. 1987, p. 1400, § 7; Ga. L. 1993, p. 123, § 44.

Annotations

JUDICIAL DECISIONS Criminal propensities of employees. - Employer’s submission of uncontroverted evidence that the employer did not know of the employer’s security guard’s criminal propensities after investigating the guard’s criminal and

employment record entitled the employer to summary judgment in a wrongful death action arising out of a murder in which the guard was a participant. Kelley v. Baker Protective Servs., Inc., 198 Ga. App. 378, 401 S.E.2d 585 (1991).

RESEARCH REFERENCES ALR. - Actions of security service company’s employee as rendering company

liable under contract to protect persons or property, 83 A.L.R.4th 1150.

Notes of Decisions
Cited in 3 cases, 1991–2001 · leading case: City of Atlanta v. S.W.A.N. Consulting & Sec. Servs., Inc., 553 S.E.2d 594 (Ga. 2001).
City of Atlanta v. S.W.A.N. Consulting & Sec. Servs., Inc., 553 S.E.2d 594 (Ga. 2001). · cites it 6× “OCGA § 43-38-7.1 (a). The ordinance requires all people working at the adult entertainment establishments that serve alcohol to get a work permit, and requires that all persons have the permit before they begin their employment.”
Kelley v. Baker Prot. Servs., Inc., 401 S.E.2d 585 (Ga. Ct. App. 1991). · cites it 2× “Although appellants place great emphasis on evidence in the record indicating that Goza’s training as an unarmed security guard did not comport with OCGA § 43-38-7.1 (a) (training of unarmed private security guards) and the rules and regulations promulgated by the Georgia Board…”
Atlanta v. Swan Consulting & Sec., 553 S.E.2d 594 (Ga. 2001). · cites it 6× “its armed employees) to the Georgia Crime Information Center at the Georgia Bureau of Investigation (OCGA § 43-38-7.1), and the licensed business must retain the information sent to it by the GBI.”
— 43-38-7.1(a) — 1 case
Atlanta v. Swan Consulting & Sec., 553 S.E.2d 594 (Ga. 2001). “its armed employees) to the Georgia Crime Information Center at the Georgia Bureau of Investigation (OCGA § 43-38-7.1), and the licensed business must retain the information sent to it by the GBI.”
— 43-38-7.1(c) — 1 case
Atlanta v. Swan Consulting & Sec., 553 S.E.2d 594 (Ga. 2001). “its armed employees) to the Georgia Crime Information Center at the Georgia Bureau of Investigation (OCGA § 43-38-7.1), and the licensed business must retain the information sent to it by the GBI.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.