Georgia CommonsHB 433: Human Services, Department of; authorized to access restricted and sealed information to conduct employee oversight in certain circumstances; provide
Enrolled version, the latest LegiScan holds · Last action May 14, 2025 · Vetoed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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 Code of Georgia Annotated, relating to Georgia Crime Information Center, so as to provide that the Department of Human Services shall be authorized to access restricted and sealed information to determine eligibility for employment, verify eligibility for foster parents, or conduct regulatory oversight in certain instances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to Georgia Crime Information Center, is amended by revising paragraph (6) of subsection (a), by revising subparagraphs (v)(1)(E) and (v)(1)(F), and by adding a new subparagraph to paragraph (1) of subsection (v) of Code Section 35-3-37, relating to criminal history record information, review, corrections, and restriction of access for certain dispositions, to read as follows:
"(6) 'Restrict,' 'restricted,' or 'restriction' means that the criminal history record information of an individual relating to a particular offense shall be available only to judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment in accordance with procedures established by the center or to the Department of Human Services in accordance with subparagraph (v)(1)(G) of this Code section and shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35."
"(E) Pursuant to a court order; and
(F) By an individual who is the subject of restricted criminal history record information or sealed court files.; and
(G) By the Department of Human Services to conduct regulatory oversight, as authorized by Articles 1 and 3 of Chapter 5 of Title 49, Article 1 of Chapter 2 of Title 49, and any promulgated rules, regulations, or policies; to verify eligibility for prospective or existing foster parents or adults in the home of such foster parents, as authorized by Article 1 of Chapter 2 of Title 49 and any promulgated rules, regulations, or policies; or to verify eligibility for prospective and existing employees and contractors, as authorized by Article 1 of Chapter 2 of Title 49 and any promulgated rules, regulations, or policies."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.