Georgia Code
Article 2 - Georgia Crime Information Center
§ 35-3-34. Disclosure and Dissemination of Criminal Records to Private Persons and Businesses; Resulting Responsibility and Liability of Issuing Center; Provision of Certain Information to the Fbi in Conjunction With the National Instant Criminal Bac...

(d.1) Reserved.
(d.2) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felony convictions, pleas, and sentences unless such records are restricted pursuant to Code Section 35-3-37, except as specifically authorized by Code Section 42-8-63.1, without:
(d.3) No fee charged pursuant to this Code section may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section without payment of such fee.
(d.4) The center shall place a high priority on inquiries from any nuclear power facility requesting a criminal history and shall respond to such requests as expeditiously as possible, but in no event shall a response be made more than two business days following receipt of the request.
Such information may be disseminated to private individuals and businesses under the conditions specified in subparagraph (a)(1)(B) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section.
History. Ga. L. 1973, p. 1301, § 3; Ga. L. 1976, p. 1401, § 2; Ga. L. 1977, p. 1243, § 1; Ga. L. 1978, p. 1981, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1988, p. 203, § 1; Ga. L. 1989, p. 1080, § 2; Ga. L. 1994, p. 1895, § 12; Ga. L. 1995, p. 139, § 3; Ga. L. 1995, p. 633, §§ 1, 2; Ga. L. 1996, p. 6, § 35; Ga. L. 2000, p. 1206, § 1; Ga. L. 2003, p. 840, § 1; Ga. L. 2005, p. 613, § 2/SB 175; Ga. L. 2006, p. 72, § 35/SB 465; Ga. L. 2006, p. 812, § 4/SB 532; Ga. L. 2012, p. 899, § 6-1/HB 1176; Ga. L. 2014, p. 599, § 1-13/HB 60; Ga. L. 2016, p. 443, § 6B-3/SB 367; Ga. L. 2020, p. 753, § 2-4/SB 288.
The 2020 amendment, effective January 1, 2021, in subparagraph (a)(1)(D), inserted “3-3-23.1” and “16-13-2”; and added “unless such records are restricted pursuant to Code Section 35-3-37, except as specifically authorized by Code Section 42-8-63.1,” near the end of the introductory text of subsection (d.2).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1995, subsections (d.1) and (d.2), enacted by Ga. L. 1995, p. 633, § 2, were redesignated as subsections (d.2) and (d.3).
Pursuant to Code Section 28-9-5, in 1995, “subparagraph (a)(1)(B)” was substituted for “subparagraph (B) of paragraph (1) of subsection (a)” in the undesignated paragraph at the end of subsection (d.2).
Pursuant to Code Section 28-9-5, in 2005, the single quotes were deleted from “Brady Handgun Violence Prevention Act” at the end of paragraph (e)(1).
Editor’s notes.
Ga. L. 1995, p. 139, § 7, not codified by the General Assembly, provides that no local ordinance which was in effect on March 22, 1995, shall be affected by Code Section 16-11-184 until January 1, 1996, at which time, unless enacted subsequent to March 22, 1995, as provided by that Code section, any such ordinance shall be of no further force or effect, and further provides that no ordinance or regulation attempting to regulate firearms in any manner shall be enacted by any county, city, or municipality after July 1, 1995.
Ga. L. 2012, p. 899, § 9-1/HB 1176, not codified by the General Assembly, provides that Part VI of this Act, which amended this Code section, shall become fully effective on July 1, 2013; provided, however, that for the purpose of preparing for implementation of Part VI of this Act, said part shall become effective on July 1, 2012.
Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Safe Carry Protection Act.’ ”
Law reviews.
For note on the 1994 amendment of this Code section, see 11 Ga. St. U. L. Rev. 137 (1994).
For note on the 1995 amendment of this Code section and § 35-3-37 , see 12 Ga. St. U. L. Rev. 118 (1995).
For note on the 2003 amendment to this Code section, see 20 Ga. St. U. L. Rev. 179 (2003).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016).