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2018 Georgia Code 43-38-7.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-38-7.1 Case Law from Google Scholar Amendments to OCGA 43-38-7.1

TITLE 43 PROFESSIONS AND BUSINESSES

Section 38. Operators of Private Detective Businesses and Private Security Businesses, 43-38-1 through 43-38-17.

ARTICLE 10 PAIN MANAGEMENT CLINIC

43-38-7.1. Registration records of unarmed security employees; fingerprint identification of prospective registrants.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

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

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.

Cases Citing O.C.G.A. § 43-38-7.1

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City of Atlanta v. S.W.A.N. Consulting & Sec. Servs., Inc., 274 Ga. 277 (Ga. 2001).

Cited 10 times | Published | Supreme Court of Georgia | Oct 1, 2001 | 553 S.E.2d 594, 2001 Fulton County D. Rep. 2931

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Atlanta v. Swan Consulting & Sec., 553 S.E.2d 594 (Ga. 2001).

Published | Supreme Court of Georgia | Oct 1, 2001 | 274 Ga. 277

...The statute requires the licensed business to apply to register only those employees who will be armed, and gives the employer 30 days from the date of the armed employee's employment to file the application to register. OCGA § 43-38-7(b)(1). Unarmed employees of a private security business need not be registered. OCGA § 43-38-7.1(a)....
...ey begin their employment. Under the statutory scheme, the licensed security business submits fingerprints of its prospective registrants (i.e. 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. OCGA § 43-38-7.1(c)....