HB433: HB433 Human Services, Department of; authorized to access restricted and sealed information to conduct employee oversight in certain circumstances; provide

25 LC 48 1526S/AP House Bill 433 (AS PASSED HOUSE AND SENATE) By: Representatives Ballinger of the 23rd, Camp of the 135th, Rice of the 139th, O’Steen of the 169th, Mathiak of the 82nd, and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 35 of the Official Cod e of Georgia Annotated,1 relating to Georgia Crime Information Center, so as to provide that the Department of2 Human Services shall be authorized to access restricted and sealed information to determine3 eligibility for employment, verify eligibility for foster paren ts, or conduct regulatory4 oversight in certain instances; to provide for related matters; to repeal conflicting laws; and5 for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 2 of Chapter 3 of Title 35 of the Official Code of Geor gia Annotated, relating to9 Georgia Crime Information Center, is amended by revising paragraph (6) of subsection (a),10 by revising subparagraphs (v)(1)(E) and (v)(1)(F), and by addin g a new subparagraph to11 paragraph (1) of subsection (v) of Code Section 35-3-37, relating to criminal history record12 information, review, corrections, and restriction of access for certain dispositions, to read as13 follows:14 "(6) 'Restrict,' 'restricted,' or 'restriction' means that the criminal history record15 information of an individual relating to a particular offense s hall be available only to16 H. B. 433 - 1 - 25 LC 48 1526S/AP judicial officials and criminal justice agencies for law enforc ement or criminal17 investigative purposes or to criminal justice agencies for purp oses of employment in18 accordance with procedures established by the center or to the Department of Human19 Services in accordance with subparagraph (v)(1)(G) of this Code section and shall not be20 disclosed or otherwise made available to any private persons or businesses pursuant to21 Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies22 pursuant to Code Section 35-3-35."23 "(E) Pursuant to a court order; and24 (F) By an individual who is the subject of restricted criminal history record information25 or sealed court files.; and26 (G) By the Department of Human Services to conduct regulatory oversight, as27 authorized by Articles 1 and 3 of Chapter 5 of Title 49, Article 1 of Chapter 2 of Title28 49, and any promulgated rules, regulations, or policies; to ver ify eligibility for29 prospective or existing foster parents or adults in the home of such foster parents, as30 authorized by Article 1 of Chapter 2 of Title 49 and any promulgated rules, regulations,31 or policies; or to verify eligibility for prospective and exist ing employees and32 contractors, as authorized by Article 1 of Chapter 2 of Title 4 9 and any promulgated33 rules, regulations, or policies."34 SECTION 2.35 All laws and parts of laws in conflict with this Act are repealed.36 H. B. 433 - 2 -