reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-8.1 - Power of bureau to assist other law enforcement agencies; jurisdiction in terrorism cases

(a)
Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, a judge of the superior court of any county of this state, or the Governor, the director, in unusual circumstances, may, and in the case of a request by the Governor, shall, direct the bureau to render assistance in any criminal case, in the prevention or detection of violations of law, or in the detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States.
(b)
The bureau shall be authorized to work independently, work concurrently with other law enforcement agencies, and request the assistance of other law enforcement agencies when, in the sole discretion of the director, such independent work, concurrent work, or request for assistance would not compromise the successful completion of cases involving the identification, investigation, arrest, and prosecution of an individual or groups of individuals for violation of laws concerning domestic, cyber, biological, chemical, and nuclear terrorism.
Amended by 2023 Ga. Laws 74,§ 2, eff. 5/1/2023.
See 2023 Ga. Laws 74, § 1.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-9 - Narcotics agents

(a)
The director is authorized to retain on a contractual basis such persons as he or she shall deem necessary to detect and apprehend violators of the criminal statutes of this state pertaining to the possession, sale, or use of narcotics or other dangerous drugs.
(b)
Those persons contracting with the director pursuant to subsection (a) of this Code section shall be known as narcotics agents.
(c)
The investigative services provided for in this Code section shall be designed to support local law enforcement efforts. The director shall, with the advice and consent of the board, appoint a three-member priority committee composed of a representative from the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, and the District Attorneys Association. The committee shall establish priorities for use of investigative resources and determine the bona fide nature of requests for assistance. The recommendations of the committee shall be followed by the director except where otherwise expressly authorized by the board.
(d)
Narcotics agents shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the director.
(e)
No person shall be a narcotics agent unless he is at least 18 years of age.
(f)
The director shall conduct a background investigation of all potential narcotics agents. If the background investigation discloses a criminal record, the applicant shall not be retained without the express approval of the board.
(g)
Any matters pertaining to narcotics agents shall be exempt from Chapter 14 of Title 50, relating to meetings open to the public.
(h)
Persons retained as narcotics agents shall be considered persons in the service of the bureau under a contract of hire with that agency whose employment of those persons as narcotics agents shall be considered an employment in the usual course of the business of that agency. Persons retained by the bureau as narcotics agents shall have all the rights and privileges of other employees of the bureau; provided, however, that such persons shall be in the unclassified service as defined by Code Section
45-20-2
and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment established by the State Personnel Board or any successor boards or agencies.
(i)
The director shall have all powers necessary and incidental to the effective operation of this Code section.
Amended by 2012 Ga. Laws 630,§ 2-51, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
Amended by 2001 Ga. Laws 326, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-9.1 - [Repealed] Special Cocaine Task Force

Repealed by Ga. L. 1985, p. 552, § 2, effective June 30, 1990.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-9.2 - [Repealed] Mobile cocaine education van

Repealed by Ga. L. 2005, p. 599, § 1/SB 146, effective July 1, 2005.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-10 - Participation by bureau personnel and director in Employees' Retirement System of Georgia

All personnel and the director of the bureau are authorized to be members of the Employees' Retirement System of Georgia, as established by Chapter 2 of Title 47. All rights, credits, and funds in the retirement system which are possessed by any personnel of the bureau, including the director, at the time of employment in the bureau are continued; and it is the intention of the General Assembly that such personnel and the director shall not lose any rights, credits, or funds to which they were entitled prior to being employed with the bureau.
Amended by 2001 Ga. Laws 326, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-11 - Applicability of merit system to agents of bureau; retention of badge and weapon by disabled agent

(a)
All agents of the bureau shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards as may now or hereafter be established under such merit system controls as may be authorized by Chapter 20 of Title 45.
(b)
This Code section shall not apply to narcotics agents as provided for in Code Section
35-3-9
.
(c)
As used in this subsection, the term "disability" means a disability that prevents an individual from working as a law enforcement officer. When an agent of the bureau leaves the bureau as a result of a disability arising in the line of duty, such agent shall be entitled as part of such agent's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the director.
Amended by 2012 Ga. Laws 630,§ 2-52, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
Amended by 2004 Ga. Laws 784, § 4, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-12 - Payment of medical and similar expenses of members injured in line of duty; procedure

The bureau is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the bureau as a result of injuries received in the line of duty. The bureau is authorized to make such payments in addition to any award made by the State Board of Workers' Compensation based on such injuries. Such payments shall be made only upon proper presentation of bills to the bureau. The bureau and the injured party shall together ascertain the correctness of all bills presented. No payments shall be made without the approval of the bureau.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-13 - Requests for investigation of criminal matters and crime related fires; access to local services and records

(a)
Any district attorney of this state may request the assistance of the bureau to conduct and exercise its lawful powers and authorities in the investigation of any criminal matter.
(b)
Any head of a municipal or county fire department may request the assistance of the bureau to conduct and exercise its lawful powers and authorities in the investigation of any crime related fires.
(c)
In the event the bureau acts in cooperation with a municipality or other political subdivision of the state, the services and records of such municipality or other subdivision shall be accessible and available to the bureau at all times.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-14 - Bureau to publicly post and share on website certain information from Law Enforcement Notification System of United States Department of Homeland Security

To the extent permitted by federal law, the bureau shall post on its public website the information of persons who are aliens and who have been released from federal custody within the boundaries of this state, as such information is presented within the Law Enforcement Notification System of the Enforcement Integrated Database of the United States Department of Homeland Security or the National Law Enforcement Telecommunications System as received by the Georgia Information Sharing and Analysis Center within the bureau or any replacement agency. Within 12 hours of receiving such information, the bureau shall post such information as required by this Code section and electronically send a copy of such information to the Georgia Sheriffs' Association. The bureau shall promulgate rules and regulations for the implementation of this Code section.
Added by 2017 Ga. Laws 208,§ 5-2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 1 - GENERAL PROVISIONS (§§ 35-3-1 — 35-3-15) › Section 35-3-15 - and 35-3-16

Repealed by Ga. L. 1997, p. 1421, § 2, effective May 1, 1997.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 2 - GEORGIA CRIME INFORMATION CENTER (§§ 35-3-30 — 35-3-40) › Section 35-3-31 - Establishment of center; staff and equipment generally; State Personnel Board status of personnel

(a)
There is established for the state, within the Georgia Bureau of Investigation, a system for the intrastate communication of vital information relating to crimes, criminals, and criminal activity, to be known as the Georgia Crime Information Center.
(b)
Central responsibility for the development, maintenance, and operation of the center shall be vested with the director of the center with the assistance and guidance of the Georgia Crime Information Council, the establishment of which is provided for in Code Section
35-3-32
.
(c)
The director of the center shall maintain the necessary staff along with support services to be procured within the Georgia state government, such as computer services from the Department of Administrative Services, physical space and logistic support from the Department of Public Safety, and other services or sources as necessary, to enable the effective and efficient performance of the duties and responsibilities ascribed to the center in this article.
(d)
All personnel of the center shall be administered according to appropriate special and standard schedules issued pursuant to the rules of the State Personnel Board with due recognition to be given by the latter to the special qualifications and availability of the types of individuals required in such an agency.
Amended by 2012 Ga. Laws 630,§ 2-53, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 2 - GEORGIA CRIME INFORMATION CENTER (§§ 35-3-30 — 35-3-40) › Section 35-3-32 - Establishment of council; composition; duties and responsibilities of council generally

(a)
There is created the Georgia Crime Information Center Council.
(b)
The duties and responsibilities of the council are to:
(1)
Advise and assist in the establishment of policies under which the center is to be operated;
(2)
Advise and assist in updating the policies under which the center is to be operated, to the extent that such policies are necessary to comply with the uniform standards promulgated pursuant to paragraph (5) of subsection (h) of Code Section
15-5-24.1
;
(3)
Ensure that the information obtained pursuant to this article shall be restricted to the items specified in this article and ensure that the center is administered so as not to accumulate any information or distribute any information that is not specifically approved in this article;
(4)
Ensure that adequate security safeguards are incorporated so that the data available through this system is used only by properly authorized persons and agencies;
(5)
Establish appropriate disciplinary measures to be taken by the center in the instance of violations of data reporting or dissemination of laws, rules, and regulations by criminal justice agencies or members thereof covered by this article; and
(6)
Establish other policies which provide for the efficient and effective use and operation of the center under the limitations imposed by the terms of this article.
(c)
The members of the board shall serve ex officio as members of the council and shall constitute the council.
Amended by 2023 Ga. Laws 88,§ 10, eff. 5/1/2023.
Amended by 2022 Ga. Laws 717,§ 12, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 2 - GEORGIA CRIME INFORMATION CENTER (§§ 35-3-30 — 35-3-40) › Section 35-3-34.1 - Circumstances when exonerated first offender's criminal record may be disclosed

When a defendant has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offender's record of arrests, charges, or sentences to the employers and entities and under the conditions set forth in Code Section
42-8-63.1
.
Amended by 2016 Ga. Laws 460,§ 6B-4, eff. 7/1/2016.
Amended by 2013 Ga. Laws 132,§ 3-6, eff. 7/1/2013.
Amended by 2011 Ga. Laws 56,§ 23, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-10, eff. 7/1/2009.
Amended by 2006 Ga. Laws 473,§ 1, eff. 4/18/2006.
Amended by 2006 Ga. Laws 453,§ 35, eff. 4/14/2006.
Added by 2003 Ga. Laws 375, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 2 - GEORGIA CRIME INFORMATION CENTER (§§ 35-3-30 — 35-3-40) › Section 35-3-35.1 - Superseded

Added by 2005 Ga. Laws 323,§ 1, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 2 - GEORGIA CRIME INFORMATION CENTER (§§ 35-3-30 — 35-3-40) › Section 35-3-38 - Unauthorized requests or disclosures of criminal history record information; disclosure of techniques used to ensure security or privacy of criminal history records

(a)
Any person who knowingly requests, obtains, or attempts to obtain criminal history record information under false pretenses, or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this article, or any member, officer, employee or agent of the center, the council, or any participating agency who knowingly falsifies criminal history record information or any records relating thereto shall for each such offense, upon conviction thereof, be fined not more than $5,000.00, or imprisoned for not more than two years, or both.
(b)
Any person who communicates or attempts to communicate criminal history record information in a negligent manner not in accordance with this article shall for each such offense, upon conviction thereof, be fined not more than $100.00, or imprisoned not more than ten days, or both.
(c)
Any person who knowingly discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems except in accordance with this article shall for each such offense, upon conviction thereof, be fined not more than $5,000.00, or imprisoned not more than two years, or both.
(d)
Any person who discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems in a manner not permitted by this article shall for each such offense, upon conviction thereof, be fined not more than $100.00, or imprisoned not more than ten days, or both.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 2 - GEORGIA CRIME INFORMATION CENTER (§§ 35-3-30 — 35-3-40) › Section 35-3-39 - Effect of neglect or refusal of official to act as required by article

Any officer or official mentioned in this article who shall neglect or refuse to make any report or to do any act required by any provision of this article shall be deemed guilty of nonfeasance in office and subject to removal therefrom.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 2 - GEORGIA CRIME INFORMATION CENTER (§§ 35-3-30 — 35-3-40) › Section 35-3-40 - Construction of article

(a)
In the event of conflict, this article shall to the extent of the conflict supersede all existing statutes which regulate, control, or otherwise relate, directly or by implication, to the collection, storage, and dissemination or usage of fingerprint identification, offender criminal history, uniform crime reporting, and criminal justice activity data records or any existing statutes which relate directly or by implication to any other provisions of this article.
(b)
Notwithstanding subsection (a) of this Code section, this article shall not be understood to alter, amend, or supersede the statutes and rules of law governing the collection, storage, dissemination, or usage of records concerning individual juvenile offenders in which they are individually identified by name or by other means.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 3 - ANTITERRORISM TASK FORCE (§§ 35-3-60 — 35-3-65) › Section 35-3-60 - Short title

This article shall be known and may be cited as the "Antiterrorism Act."
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 3 - ANTITERRORISM TASK FORCE (§§ 35-3-60 — 35-3-65) › Section 35-3-61 - Legislative findings; purpose; liberal construction

(a)
This article is enacted as a direct response to the high level of reactivation of violent and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these violent and terroristic acts.
(b)
The purpose of this article shall be to assist law enforcement personnel in the State of Georgia to identify, investigate, arrest, and prosecute individuals or groups of individuals who illegally threaten, harass, terrorize, or otherwise injure or damage the person or property of persons on the basis of their race, national origin, or religious persuasion.
(c)
It is the intent of the General Assembly that this article be interpreted and construed liberally to accomplish its purposes.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 3 - ANTITERRORISM TASK FORCE (§§ 35-3-60 — 35-3-65) › Section 35-3-62 - "Terroristic act" defined

As used in this article, the term "terroristic act" means an act which constitutes a crime against the person or against the residence of an individual which is committed with the specific intent of and may reasonably be expected to instill fear into such person or persons or which is committed for the purpose of restraining that person or those persons from exercising their rights under the Constitution and laws of this state and the United States and any illegal act directed at other persons or their property because of those persons' political beliefs or political affiliations.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 3 - ANTITERRORISM TASK FORCE (§§ 35-3-60 — 35-3-65) › Section 35-3-63 - Creation of task force; purposes

There is established a special Antiterrorism Task Force within the Georgia Bureau of Investigation. This Antiterrorism Task Force shall operate independently of any other investigative operations within the Georgia Bureau of Investigation and shall devote itself to the tasks of identifying, investigating, arresting, and prosecuting individuals or groups of individuals who perform terroristic acts against a person or his residence on the basis of such person's race, national origin, or religious persuasion.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 3 - ANTITERRORISM TASK FORCE (§§ 35-3-60 — 35-3-65) › Section 35-3-64 - Confidentiality of investigative reports and identity of agents

All efforts shall be made to maintain the confidentiality of the investigative efforts of the Antiterrorism Task Force and the identity of agents who operate in undercover assignments. Information may, however, be shared with other law enforcement agencies when, in the sole discretion of the director, the sharing of such information would not compromise the successful completion of the investigation or cases being made.
Added by 2005 Ga. Laws 114,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 3 - ANTITERRORISM TASK FORCE (§§ 35-3-60 — 35-3-65) › Section 35-3-65 - Authority to work with other law enforcement agencies

The Antiterrorism Task Force shall be authorized to work with and seek the assistance of other law enforcement agencies when, in the sole discretion of the director, such assistance would not compromise the successful completion of the investigations or cases being made.
Added by 2005 Ga. Laws 114,§ 6, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 4 - MISSING CHILDREN INFORMATION CENTER (§§ 35-3-80 — 35-3-85) › Section 35-3-80 - Definitions

As used in this article, the term:
(1)
"Missing child" or "missing children" means a person or persons under the age of 18 years whose temporary or permanent residences are in, or are believed to be in, this state and who have been reported as missing to a law enforcement agency and whose location cannot be determined by that law enforcement agency.
(2)
"Missing child report" means a report prepared on a form designed by the Georgia Bureau of Investigation for the use by law enforcement agencies and private citizens to report information about missing children to the Missing Children Information Center.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 4 - MISSING CHILDREN INFORMATION CENTER (§§ 35-3-80 — 35-3-85) › Section 35-3-81 - Establishment, development, maintenance, and operation of center; staff

(a)
There is authorized within the Georgia Bureau of Investigation the Missing Children Information Center. The center shall serve as a central repository of information regarding missing children and shall collect and disseminate such information as is necessary to assist in the location of missing children.
(b)
Central responsibility for the development, maintenance, and operation of the center shall be vested in the supervisor of the center who shall be appointed by the director of the Georgia Bureau of Investigation.
(c)
The supervisor of the center shall maintain the necessary staff along with support services to be procured within the Georgia state government to enable the effective and efficient performance of the duties and responsibilities assigned to the center in this article.
(d)
All personnel of the center shall be administered according to appropriate special and standard schedules issued pursuant to the rules of the State Personnel Board.
Amended by 2012 Ga. Laws 630,§ 2-54, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 4 - MISSING CHILDREN INFORMATION CENTER (§§ 35-3-80 — 35-3-85) › Section 35-3-82 - Powers and duties

(a)
The center may:
(1)
Establish a system of intrastate communication of information relating to missing children;
(2)
Provide a centralized file for the exchange of information on missing children within the state;
(3)
Interface and connect with the National Crime Information Center for the exchange of information on missing children and children suspected of interstate travel;
(4)
Collect, process, maintain, and disseminate information on missing children and unidentified bodies and strive to maintain or disseminate only accurate and complete information;
(5)
Cooperate with the State Board of Education in compiling lists of missing children in this state for distribution to local school districts;
(6)
Compile annual statistics on the number of missing children;
(7)
Develop recommendations for better reporting and use of computer systems;
(8)
Provide assistance to local law enforcement agencies providing fingerprint programs for children;
(9)
Circulate a monthly bulletin of missing children to all law enforcement agencies in the state;
(10)
Assist local law enforcement agencies in establishing direct computer access to the Missing Children Information Center;
(11)
Act as a liaison between private citizens and law enforcement agencies regarding appropriate procedures for handling and responding to missing children reports; and
(12)
Establish a toll-free telephone number to assist individuals and agencies in the reporting of missing children and information relative to missing children.
(b)
The center is authorized to join and participate in any network of state missing children centers or clearing-houses, specifically including but not limited to the National Center for Missing and Exploited Children.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 4 - MISSING CHILDREN INFORMATION CENTER (§§ 35-3-80 — 35-3-85) › Section 35-3-83 - Missing child reports

Upon the filing of a police report by the parent, guardian, caretaker, governmental unit responsible for the child, or other person with legal custody of the child that a child is missing, the local law enforcement agency receiving such report shall notify all of its on-duty law enforcement officers of the existence of the missing child report, communicate the report to all other law enforcement agencies having jurisdiction in the county and all law enforcement agencies of jurisdictions geographically adjoining that of the local law enforcement agency, and transmit the report to the Missing Children Information Center.
Amended by 2014 Ga. Laws 585,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 4 - MISSING CHILDREN INFORMATION CENTER (§§ 35-3-80 — 35-3-85) › Section 35-3-84 - Sending information to center

Every law enforcement agency and the Georgia Bureau of Investigation shall transmit to the Missing Children Information Center any information which is acquired or collected pursuant to Code Section
35-1-8
or Code Section
35-3-4
, which information would assist in the location of any missing child.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 4 - MISSING CHILDREN INFORMATION CENTER (§§ 35-3-80 — 35-3-85) › Section 35-3-85 - Registration of related organizations

Any public or private organization which makes lists of or maintains records on missing children as a primary activity of that organization and which seeks to operate in the State of Georgia shall register with the Missing Children Information Center.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 5 - GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE (§§ 35-3-100 — 35-3-108) › Section 35-3-100 - Short title

This article shall be known and may be cited as the "Georgia Bureau of Investigation Nomenclature Act of 1995."
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 5 - GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE (§§ 35-3-100 — 35-3-108) › Section 35-3-101 - Definitions

As used in this article, the term:
(1)
"Badge" means any official badge used by employees of the Georgia Bureau of Investigation, either in the past or currently.
(2)
"Bureau" means the Georgia Bureau of Investigation, its divisions, or operations under its command.
(3)
"Director" means the director of the Georgia Bureau of Investigation.
(4)
"Emblem" means any official patch or other emblem worn currently or formerly or used by the Investigative Division, the Division of Forensic Sciences, the Georgia Crime Information Center, or any other division or operation under the command of the bureau to identify the bureau or its employees.
(5)
"Person" means any person, corporation, organization, or political subdivision of the State of Georgia.
(6)
"Seal" means any official symbol, mark, or abbreviation which represents and is used by the Investigative Division, the Division of Forensic Sciences, the Georgia Crime Information Center, or any other division or operation under the command of the bureau to identify the bureau or its employees.
(7)
"Willful violator" means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator.
Amended by 2004 Ga. Laws 561, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 5 - GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE (§§ 35-3-100 — 35-3-108) › Section 35-3-102 - Permission required for use of bureau nomenclature

Whoever, except with the written permission of the director, knowingly uses the words "Georgia Bureau of Investigation," "GBI," "agent of the Georgia Bureau of Investigation," "Division of Forensic Sciences," "DOFS," "Georgia Crime Information Center," "GCIC," or "State Crime Lab" in referring to Georgia's state crime lab in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the bureau shall be in violation of this article.
Amended by 2004 Ga. Laws 561, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 5 - GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE (§§ 35-3-100 — 35-3-108) › Section 35-3-103 - Permission required for use of bureau symbols

Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the bureau without written permission from the director shall be in violation of this article.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 5 - GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE (§§ 35-3-100 — 35-3-108) › Section 35-3-104 - Procedures for seeking permission to use bureau nomenclature or symbols

Any person wishing permission to use either bureau nomenclature or symbols may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under Code Section
35-3-102
or
35-3-103
shall be in the discretion of the director under such conditions as the director may impose. If the director denies such request and the person making such request reasonably believes that the director has acted in bad faith or based on an illegal motive, then the person may, within 15 days after the person's request was denied or granted on limited terms, file an appeal with the Board of Public Safety. The matter will then be considered before the board, but the burden will be with the person making the request to show that the request was improperly denied or limited.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 5 - GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE (§§ 35-3-100 — 35-3-108) › Section 35-3-105 - Injunction against violations

Whenever there shall be an actual or threatened violation of Code Section
35-3-102
or
35-3-103
, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 5 - GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE (§§ 35-3-100 — 35-3-108) › Section 35-3-106 - Civil penalties

In addition to any other relief or sanction for a violation of Code Section
35-3-102
or
35-3-103
, where the violation is willful, the director shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the director shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The director shall be entitled to seek civil sanctions in the Superior Court of Fulton County or in the county of residence of the violator.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 5 - GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE (§§ 35-3-100 — 35-3-108) › Section 35-3-107 - Damage suits against violators

Any person who has given money or any other item of value to another person due in part to such person's use of bureau nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 5 - GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE (§§ 35-3-100 — 35-3-108) › Section 35-3-108 - Criminal penalties

Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violation shall constitute a separate offense.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6 - DIVISION OF FORENSIC SCIENCES (§§ 35-3-150 — 35-3-155) › Section 35-3-150 - Definitions

As used in this article, the term:
(1)
"Board" means the Board of Public Safety.
(2)
"Crime lab" or "state crime lab" means the Division of Forensic Sciences of the Georgia Bureau of Investigation.
(3)
"Director" means the director of the Georgia Bureau of Investigation.
(4)
"Division" means the Division of Forensic Sciences of the Georgia Bureau of Investigation.
(5)
"Division director" means the director of the Division of Forensic Sciences of the Georgia Bureau of Investigation.
(6)
"Independent test" means a forensic analysis of evidence in the custody and possession of the state or any political subdivision or authority thereof conducted at the request of or on behalf of any person other than a prosecuting attorney, law enforcement officer, or other authorized agent of the state or which are ordered conducted by a court at the request of an accused.
(7)
"Regional medical examiner" shall have the same meaning as defined in paragraph (13) of Code Section
45-16-21
.
(8)
"Rule" or "rules" means a rule or regulation adopted pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6 - DIVISION OF FORENSIC SCIENCES (§§ 35-3-150 — 35-3-155) › Section 35-3-151 - Responsibilities

The Division of Forensic Sciences of the Georgia Bureau of Investigation:
(1)
Shall provide a state-wide system of laboratories dedicated to conducting forensic analysis of evidence submitted to the laboratory by law enforcement agencies, prosecuting attorneys, coroners, and medical examiners;
(2)
Shall provide forensic services to the criminal justice system for the examination and analysis of evidence in the areas of medical examiner inquiries, latent fingerprints, photography, questioned documents, firearms and weapons, trace evidence, implied consent, blood alcohol, toxicology, chemistry, drugs, serology, DNA, and such other areas as the director may authorize or the board shall direct;
(3)
Shall establish standards for the identification, collection, transportation, and analysis of forensic evidence;
(4)
Shall facilitate independent testing or analysis of evidence within the possession, custody, or control of the division as provided in paragraph (3) of subsection (a) of Code Section
17-16-4
, relating to discovery in criminal cases;
(5)
Shall provide for and establish uniform fees as approved by the board to be paid to medical examiners, dentists, and other professionals for participating in medical examiners' inquiries or coroners' inquests pursuant to Article 2 of Chapter 16 of Title 45, known as the "Georgia Death Investigation Act";
(6)
May assist in the training of law enforcement officers, prosecuting attorneys, coroners, and medical examiners as it relates to forensic sciences in cooperation with the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' Council of the State of Georgia, and the Georgia Coroner's Training Council, as appropriate; and
(7)
May assist in the training of judges and attorneys as it relates to forensic sciences in cooperation with the Institute of Continuing Judicial Education of Georgia and the Institute of Continuing Legal Education, as appropriate.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6 - DIVISION OF FORENSIC SCIENCES (§§ 35-3-150 — 35-3-155) › Section 35-3-152 - Appointment, powers, and responsibilities of division director

(a)
Responsibility for the development, maintenance, and operations of the division shall be vested in the division director.
(b)
The division director shall be appointed by the director of the Georgia Bureau of Investigation.
(c)
The division director may, with the approval of the board, establish such advisory panels as may be necessary to assist the director to maintain and improve quality control and customer satisfaction.
(d)
The division director shall appoint and maintain the necessary professional and support staff to enable the division to carry out its duties and responsibilities effectively and efficiently.
(e)
The division director may designate one or more members of the division staff as the official custodians of the records of the division.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6 - DIVISION OF FORENSIC SCIENCES (§§ 35-3-150 — 35-3-155) › Section 35-3-153 - Chief medical examiner office created; appointment; responsibilities

(a)
Within the division there shall be an office of chief medical examiner.
(b)
The chief medical examiner shall be appointed by the director. No person may be the chief medical examiner unless that person at the time of appointment is a pathologist certified in forensic pathology by the American Board of Pathology.
(c)
It shall be the duty of the chief medical examiner to:
(1)
Establish death investigation regions throughout the state and establish policies concerning the requirements for appointment of regional medical examiners to oversee death investigation activities in each established region;
(2)
Appoint regional medical examiners;
(3)
Employ forensic consultants and other independent contractors with the approval of the division director;
(4)
Organize and conduct regular educational sessions as may be needed for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy;
(5)
Maintain permanent death investigation records for all jurisdictions in the state;
(6)
Establish death investigation guidelines for coroners and medical examiners; and
(7)
Cooperate with other state agencies, as appropriate, to ensure public health and safety.
(d)
If there is a vacancy in the office of chief medical examiner or the chief medical examiner is disqualified or otherwise unable to perform the duties of said office, the division director shall be authorized to perform the duties of chief medical examiner.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6 - DIVISION OF FORENSIC SCIENCES (§§ 35-3-150 — 35-3-155) › Section 35-3-154 - Division requirements

The division shall:
(1)
Establish written standards and procedures for the administration of forensic testing. The division shall retain a copy of any procedure adopted pursuant to this paragraph which is modified for a period of five years from the date of its being superseded by the modification;
(2)
Adopt rules and regulations as required by law; and
(3)
In cooperation with the Georgia Peace Officer Standards and Training Council, provide for the training and certification of operators of such breath test equipment. A copy of such operator's certificate shall be prima-facie evidence in any civil, criminal, or administrative proceeding that such operator was qualified to operate such equipment.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6 - DIVISION OF FORENSIC SCIENCES (§§ 35-3-150 — 35-3-155) › Section 35-3-154.1 - Admission of reports from state crime laboratory

(a)
A copy of a report of the methods and findings of any examination or analysis conducted by an employee of the state crime laboratory or an employee of a laboratory with which the state crime laboratory has a contract for the provision of laboratory or scientific examination or analysis, authenticated under oath, is prima-facie evidence in court proceedings in this state of the facts contained therein.
(b)
The report shall have the effect as if the person who performed the analysis or examination had personally testified and shall have an affidavit of the employee stating:
(1)
That he or she is certified to perform the requisite analysis or examination;
(2)
His or her experience as a chemist or analyst and as an expert witness testifying in court; and
(3)
That he or she conducted the tests shown on the report using procedures approved by the bureau and the report accurately reflects his or her opinion regarding the results.
(c)
The prosecuting attorney shall serve a copy on the defendant's attorney of record, or on the defendant if pro se, prior to the first proceeding in which the report is to be used against the defendant.
(d)
Any report under this Code section shall contain notice of the right to demand the testimony of the person signing the report.
(e)
The defendant may object in writing any time after service of the report, but at least ten days prior to trial, to the introduction of the report. If objection is made, the judge shall require the employee to be present to testify. The state shall diligently investigate the witness's availability and report to the court. If the witness is not available on a timely basis, the court shall grant a continuance.
Amended by 2005 Ga. Laws 87,§ 1, eff. 5/2/2005.
Amended by 2005 Ga. Laws 19,§ 35, eff. 4/7/2005.
Added by 2004 Ga. Laws 561, § 2.A, eff. 7/1/2004.