Georgia Code
Article 1 - General Provisions
§ 49-2-14. Record Search for Conviction Data on Prospective Employees

History. Code 1981, § 49-2-14 , enacted by Ga. L. 1986, p. 1225, § 1; Ga. L. 1999, p. 574, § 2; Ga. L. 2002, p. 942, § 9; Ga. L. 2003, p. 495, § 1; Ga. L. 2005, p. 789, §§ 1, 2/HB 180; Ga. L. 2006, p. 72, § 49/SB 465; Ga. L. 2009, p. 453, § 2-1/HB 228; Ga. L. 2018, p. 507, § 2-12/SB 336; Ga. L. 2018, p. 611, § 2-1/SB 406; Ga. L. 2020, p. 233, § 1/HB 578.
The 2018 amendments.
The first 2018 amendment, effective July 1, 2018, added subsection (i). The second 2018 amendment, effective October 1, 2019, substituted the present provisions of subsection (e) for the former provisions, which read: “Notwithstanding the provisions of subsection (c) of this Code section, when a contractor to this department is a personal care home, the provisions of Code Sections 31-7-250 through 31-7-264 shall apply.”
The 2020 amendment, effective July 16, 2020, rewrote subsection (b), which read: “The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed.”; and inserted “; or determining the fitness and suitability to provide services to the department or its contractors in the capacity of an employee, volunteer, intern, or student;” in the first sentence in subsection (d).
Law reviews.
For note on 1999 amendment to this Code section, see 16 Ga. St. U. L. Rev. 227 (1999).
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).

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