TITLE 49 SOCIAL SERVICES

Section 5. Programs and Protection for Children and Youth, 49-5-1 through 49-5-281.

ARTICLE 5 RECORDS CHECKS FOR PERSONS SUPERVISING CHILDREN

49-5-110. Definitions.

As used in this article, the term:

1. "Conviction" means a finding or verdict of guilty or a plea of guilty.
2. "Crime" means a violation of Code Section 16-5-23 when the victim is a minor; a violation of Code Section 16-5-24 when the victim is a minor; a violation of Code Section 16-5-70; a violation of Code Section 16-12-1; a violation of Chapter 6 of Title 16, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16; a violation of Code Section 16-5-1; a violation of Code Section 16-4-1 as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph.
3. "Criminal record" means:
   1. Conviction of a crime;
   2. Arrest, charge, and sentencing for a crime where adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this subparagraph shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or
   3. Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.
4. "Employer" means any person, organization, corporation, or political subdivision which employs or uses the services of paid employees or volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children.
5. "GCIC" means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
6. "GCIC information" means criminal history record information as defined in Code Section 35-3-30.
7. "Records check" means a records check comparison of GCIC information.
8. "Records check application" means a set of classifiable fingerprints, a records search fee in an amount to be determined by the Georgia Bureau of Investigation to cover the reasonable cost of such records check, payable in such form as the GCIC may direct to cover the cost of a records check under this article, and an affidavit by the applicant consenting to a records check and disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state.

(Code 1981, §49-5-110, enacted by Ga. L. 1986, p. 669, § 1; Ga. L. 2013, p. 141, § 49/HB 79; Ga. L. 2013, p. 294, § 4-58/HB 242.)

The 2013 amendments. The first 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (2). See editor's note for extent of application. The second 2013 amendment, effective January 1, 2014, in paragraph (2), deleted ", relating to simple battery," following "Code Section 16-5-23", deleted ", relating to aggravated battery," following "Code Section 16-5-24", deleted ", relating to cruelty to children" following "Code Section 16-5-70", deleted ", relating to contributing to the delinquency of a minor" following "Code Section 16-12-1", deleted ", relating to sexual offenses" following "Chapter 6 of Title 16", deleted ", relating to controlled substances" following "Chapter 13 of Title 16" deleted ", relating to murder and felony murder" following "Code Section 16-5-1", and deleted ", relating to criminal attempt" following "Code Section 16-4-1". See editor's note for applicability.