Georgia Code
Article 2 - Background Checks
§ 20-1A-30. Definitions

As used in this article, the term:
History. Code 1981, § 20-1A-30 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 135, § 7/HB 354; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2013, p. 294, § 4-31/HB 242; Ga. L. 2014, p. 866, § 20/SB 340; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 2/HB 494; Ga. L. 2019, p. 1056, § 20/SB 52.
The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, deleted “, relating to battery,” preceding “when the victim” in subparagraph (3)(C).
The 2015 amendment, effective January 1, 2016, deleted former paragraph (1) which read: “ ‘Center’ means a group day care home, family day care home, or child care learning center which is allowed to operate or is required to be licensed, commissioned, or registered under Article 1 of this chapter.”; redesignated former paragraphs (2) through (12) as present paragraphs (1) through (11), respectively; substituted “an early care and education program” for “the center” in paragraph (4); in paragraph (5), substituted “an early care and education program to perform” for “a center to perform at any of the center’s facilities”, twice substituted “early care and education program” for “center” and added “; however, a parent or legal guardian of a child in care shall not be considered an employee unless such parent or legal guardian is deemed an employee by the early care and education program or either resides at the early care and education program or is compensated in any fashion by the early care and education program except through appropriate state or federal funds” to the end; substituted “an early care and education program’s” for “a center’s” in paragraph (7); deleted former paragraph (13), which read: “ ‘License’ means the document issued by the department to authorize the center to which it is issued to operate a facility.”; redesignated former paragraphs (14) through (18) as present paragraphs (12) through (16), respectively; and, in paragraph (14), deleted “, notarized,” following “completed” near the beginning and substituted “early care and education program name and” for “center”.
The 2018 amendment, effective July 1, 2018, added paragraph (1); redesignated former paragraphs (1) through (11) as present paragraphs (2) through (12), respectively; inserted a comma in paragraph (2); deleted “or” at the end of subparagraph (3)(F); added subparagraphs (3)(G) through (3)(M); redesignated former subparagraph (3)(G) as present subparagraph (3)(N); in paragraph (5), added a comma following “facility” and “legal owner” near the middle; in paragraph (6), near the middle, substituted “who is compensated by an early care and education program; or who cares for, supervises, or has unsupervised access to children at the facility; or who is 17 years of age or older and resides at the facility; or who, with or without compensation, performs duties or services that benefit” for “who is 17 years of age or older and is employed by an early care and education program to perform any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for”; deleted former paragraph (12), which read: “ ‘Preliminary records check determination’ means a satisfactory or unsatisfactory determination by the director based only upon a comparison of GCIC information obtained solely from a law enforcement agency within the state with other than fingerprint information regarding the person upon whom the records check is being performed for purposes of this article.”; substituted “time” for “employment” at the end of paragraph (13); substituted the present provisions of paragraph (14) for the former provisions, which read: “ ‘Records check application’ means a document created by the department to be completed and submitted to the department by every actual and potential director and employee that indicates such director’s name, early care and education program name and type, and such other information as the department deems appropriate and which authorizes the department to receive and render a fingerprint records check determination pursuant to any criminal history record information pertaining to such individual from any local, state, or national criminal justice or law enforcement agency.”; and substituted “fingerprint or comprehensive” for “preliminary or fingerprint” in paragraphs (15) and (16).
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted “fingerprint based” for “fingerprint-based” in paragraph (10).
Code Commission notes.
Pursuant to Code Section 28-9-3 , in 2013, the amendment to paragraph (3) of this Code section by Ga. L. 2013, p. 285, § 2/HB 350, was treated as impliedly repealed and superseded by Ga. L. 2013, p. 294, § 4-31/HB 242, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974), and Ga. L. 2013, p. 141, § 54(d)/HB 79.
Editor’s notes.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.

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