2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 3 - PROBATION OF FIRST OFFENDERS (§§ 42-8-60 — 42-8-66) › Section 42-8-63.1 - Discharges disqualifying individuals from employment

(a)
A discharge under this article may be used to disqualify an individual for employment if the individual was discharged under this article between July 1, 2004, and June 30, 2016, and:
(1)
The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after-school care for minor children and the individual who is the subject of the inquiry was prosecuted for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest;
(2)
The employment is with a long-term care facility as defined in Code Section
31-8-51
or a person or entity that offers day care for elderly persons and the individual who is the subject of the inquiry was prosecuted for the offense of sexual battery, incest, pimping, or pandering or a violation of Article 8 of Chapter 5 of Title 16; or
(3)
The request for information is an inquiry about an individual who has applied for employment with a facility as defined in Code Section
37-3-1
or
37-4-2
that provides services to individuals who are mentally ill as defined in Code Section
37-1-1
or developmentally disabled as defined in Code Section
37-1-1
and the individual who is the subject of the inquiry was prosecuted for the offense of sexual battery, incest, pimping, or pandering.
(b)
A discharge under this article may be used to disqualify an individual for employment if the individual was discharged under this article on or after July 1, 2016, and:
(1)
The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after-school care for minor children and the individual who is the subject of the inquiry was prosecuted for a violation of Title 16 in Article 5 of Chapter 5, Chapter 6, or Part 2 or 3 of Article 3 of Chapter 12;
(2)
The employment is with a long-term care facility as defined in Code Section
31-8-51
or with a person or entity that offers day care for elderly persons and the individual who is the subject of the inquiry was prosecuted for a violation of Title 16 in Article 5 or 8 of Chapter 5; or
(3)
The request for information is an inquiry about an individual who has applied for employment with a facility as defined in Code Section
37-3-1
or
37-4-2
that provides services to individuals who are mentally ill as defined in Code Section
37-1-1
or developmentally disabled as defined in Code Section
37-1-1
and the individual who is the subject of the inquiry was prosecuted for a violation of Title 16 in Article 8 of Chapter 5 or Chapter 6.
(c)
Any discharge under this article may be used to disqualify an individual from acquiring or maintaining a peace officer certification as provided for in Chapter 8 of Title 35, may disqualify an individual from employment in a certified position with a law enforcement unit, and may disqualify an individual from employment with the Georgia Peace Officer Standards and Training Council when the discharge under this article pertained to a felony offense or a crime involving moral turpitude.
Amended by 2020 Ga. Laws 521,§ 42, eff. 7/29/2020.
Amended by 2016 Ga. Laws 460,§ 6A-1, eff. 7/1/2016.
Amended by 2013 Ga. Laws 132,§ 3-7, eff. 7/1/2013.
Amended by 2011 Ga. Laws 56,§ 27, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-25, eff. 7/1/2009.
Amended by 2006 Ga. Laws 473,§ 2, eff. 4/18/2006.
Added by 2003 Ga. Laws 375, § 5, eff. 7/1/2004.