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 <ins>or to the Department of Human
Services in accordance with subparagraph (v)(1)(G) of this Code section</ins> 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; <del>and
</del> (F) By an individual who is the subject of restricted criminal history record information
or sealed court files.; <ins>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."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.