History. Ga. L. 1973, p. 1301, § 4; Ga. L. 1976, p. 617, § 6; Ga. L. 1980, p. 396, § 2; Ga. L. 1982, p. 3, § 35; Ga. L. 1983, p. 884, § 4-1; Ga. L. 1984, p. 22, § 35; Ga. L. 1985, p. 149, § 35; Ga. L. 1992, p. 1022, § 1; Ga. L. 2001, p. 1024, § 1; Ga. L. 2002, p. 415, § 35; Ga. L. 2003, p. 336, § 1; Ga. L. 2003, p. 840, § 3A; Ga. L. 2012, p. 775, § 35/HB 942; Ga. L. 2015, p. 422, § 5-54/HB 310; Ga. L. 2016, p. 443, § 6B-6/SB 367; Ga. L. 2016, p. 864, § 35/HB 737; Ga. L. 2022, p. 121, § 14/SB 441.
The 2022 amendment, effective July 1, 2022, designated the existing provisions of subsection (g) as paragraph (g)(1); in paragraph (g)(1), substituted “Criminal justice agencies within this state, all” for “All” at the beginning, substituted “clerks of court,” for “clerks of court or the Georgia Superior Court Clerks’ Cooperative Authority as applicable,”, added the second sentence; and added paragraph (g)(2).
Editor’s notes.
Ga. L. 2003, p. 840, § 3A, which amended this Code section, purported to amend Code Section 33-3-36 but actually amended Code Section 35-3-36.
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.
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. 179 (2003).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016).
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