(16.1) Provide at least quarterly to each clerk of superior court in this state, and upon request by any such clerk, a report detailing the number of open criminal charges, time expired restricted charges, and closed criminal charges for each county, respectively. Such report shall also be provided to any judge or prosecuting attorney of this state, upon request. Such report may be transmitted electronically or by mail in the discretion of the director of the center.
History. Ga. L. 1973, p. 1301, § 3; Ga. L. 1976, p. 617, § 5; Ga. L. 1980, p. 394, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1982, p. 952, §§ 2, 4; Ga. L. 1984, p. 22, § 35; Ga. L. 1986, p. 513, § 1; Ga. L. 1992, p. 6, § 35; Ga. L. 1998, p. 842, § 7; Ga. L. 2000, p. 20, § 21; Ga. L. 2000, p. 1549, § 1; Ga. L. 2003, p. 334, § 2; Ga. L. 2007, p. 43, § 1/SB 62; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2013, p. 294, § 4-44/HB 242; Ga. L. 2014, p. 451, § 11/HB 776; Ga. L. 2016, p. 443, § 6B-2/SB 367; Ga. L. 2016, p. 864, § 35/HB 737; Ga. L. 2017, p. 622, § 2/SB 95; Ga. L. 2018, p. 507, §§ 1A-1, 1A-2/SB 336; Ga. L. 2022, p. 121, § 13/SB 441.
The 2017 amendment, effective July 1, 2017, substituted “Code Section 21-2-231” for “Code Sections 15-12-40.1 and 21-2-231” in paragraph (a)(16).
The 2018 amendment, effective July 1, 2018, deleted “or” at the end of subparagraph (a)(1)(D), added “or” at the end of subparagraph (a)(1)(E), and added subparagraph (a)(1)(F); deleted “and” at the end of paragraph (a)(16); substituted a semicolon for a period at the end of paragraph (a)(17); and added paragraphs (a)(18) through (a)(20).
The 2022 amendment, effective July 1, 2022, added paragraph (16.1).
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.”
Ga. L. 2022, p. 121, § 1/SB 441, not codified by the General Assembly, provides: “(a) The General Assembly finds that:
“(1) The state’s current system for sharing criminal case data is not adequate to provide to all appropriately interested parties, including, but not limited to, law enforcement agencies and officers, courts, crime victims and other impacted individuals, housing providers, and employers, complete criminal case data;
“(2) One recent report indicates there may be as many as 7 million criminal charges without a final disposition indicated, and, of those, as many as 5.4 million criminal charges have languished for years;
“(3) Georgia’s citizens and businesses are harmed by incomplete criminal case data. For example, in thousands of cases, as a result of incomplete criminal case data, citizens’ employability and housing opportunities have been negatively impacted; and
“(4) A more uniform, modern system and framework for handling criminal case data will support the state in meeting its obligations to victims to keep them informed as their perpetrators make their way through the criminal justice system.
“(b) It is the intent of the General Assembly that criminal case data be complete and accurately reported to the appropriate state data base and be accessible to state and local criminal justice agencies, employers, housing providers, victims, and all citizens.”
Ga. L. 2022, p. 121, § 2/SB 441, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Criminal Records Responsibility Act.’”
Law reviews.
For note on the 2003 amendment to this Code section, see 20 Ga. St. U. L. Rev. 175 (2003).
For article, “Should Georgia Change Its Misdemeanor Arrest Laws to Authorize Issuing More Field Citations? Can Alternative Arrest Process Help Alleviate Georgia’s Jail Overcrowding and Reduce the Time Arresting Officers Expend Processing Nontraffic Misdemeanor Offenses?,” see 22 Ga. St. U.L. Rev. 313 (2005).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016).
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).
Structure Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 3 - Georgia Bureau of Investigation
Article 2 - Georgia Crime Information Center
§ 35-3-32. Establishment of Council; Composition; Duties and Responsibilities of Council Generally
§ 35-3-33. Powers and Duties of Center Generally
§ 35-3-34.1. Circumstances When Exonerated First Offender’s Criminal Record May Be Disclosed
§ 35-3-39. Effect of Neglect or Refusal of Official to Act as Required by Article