Georgia Commons

Title 35. LAW ENFORCEMENT OFFICERS AND AGENCIES

Chapter 3. GEORGIA BUREAU OF INVESTIGATION

87 sections · 35-3-1 to 35-3-204

Article 1. GENERAL PROVISIONS

  1. 35-3-1Definitions.
  2. 35-3-2Creation.
  3. 35-3-3Divisions of bureau.
  4. 35-3-4Powers and duties of bureau generally.
  5. 35-3-4.1Subpoena authority for records relating to computer or electronic device used in furtherance of certain offenses.
  6. 35-3-4.2Subpoena authority for investigating fraudulent real estate transactions.
  7. 35-3-4.3Subpoena authority for investigating incidents of labor or sex trafficking.
  8. 35-3-4.4Subpoena authority for investigating abuse, neglect, or exploitation of disabled adult or elder person.
  9. 35-3-4.5Subpoena authority for investigating election violations.
  10. 35-3-5Creation of director; appointment and removal; powers and duties.
  11. 35-3-6Director classification and compensation.
  12. 35-3-7Agreements by director and commissioner for provision of services and material.
  13. 35-3-8Powers of agents of bureau relative to certain substances.
  14. 35-3-8.1Power of bureau to assist other law enforcement agencies; jurisdiction in terrorism cases.
  15. 35-3-9Narcotics agents.
  16. 35-3-10Participation by bureau personnel and director in Employees’ Retirement System of Georgia.
  17. 35-3-11Applicability of merit system to agents of bureau; retention of badge and weapon by disabled agent.
  18. 35-3-12Payment of medical and similar expenses of members injured in line of duty; procedure.
  19. 35-3-13Requests for investigation of criminal matters and crime related fires; access to local services and records.
  20. 35-3-14Posting of information relating to certain persons released from federal custody within state.

Article 2. GEORGIA CRIME INFORMATION CENTER

  1. 35-3-30Definitions.
  2. 35-3-31Creation; staff and equipment generally; State Personnel Board status of personnel.
  3. 35-3-32Establishment of council; composition; duties and responsibilities of council generally.
  4. 35-3-33Powers and duties of center generally.
  5. 35-3-34Disclosure and dissemination of criminal records to private persons and businesses; resulting responsibility and liability of issuing center; provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System.
  6. 35-3-34.1Circumstances when exonerated first offender’s criminal record may be disclosed.
  7. 35-3-34.2Exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities.
  8. 35-3-35Disclosure and dissemination of records to public agencies and political subdivisions; responsibility and liability of issuing center.
  9. 35-3-35.1(no catchline printed)Superseded
  10. 35-3-36Information to be submitted to center; uniform crime reports.
  11. 35-3-37Criminal history record information; review; corrections; restriction of access for certain dispositions.
  12. 35-3-38Unauthorized requests or disclosures of criminal history record information; disclosure of techniques used to ensure security or privacy of criminal history records.
  13. 35-3-39Effect of neglect or refusal of official to act as required by article.
  14. 35-3-39.1National Crime Prevention and Privacy Compact; ratification; criminal history records repository.
  15. 35-3-40Construction of article.

Article 3. ANTITERRORISM TASK FORCE

  1. 35-3-60Short title.
  2. 35-3-61Legislative findings; purpose; liberal construction.
  3. 35-3-62“Terroristic act” defined.
  4. 35-3-63Creation; purposes.
  5. 35-3-64Confidentiality of investigative reports and identity of agents.
  6. 35-3-65Authority to work with other law enforcement agencies.

Article 4. MISSING CHILDREN INFORMATION CENTER

  1. 35-3-80Definitions.
  2. 35-3-81Establishment, development, maintenance, and operation of center; staff.
  3. 35-3-82Powers and duties.
  4. 35-3-83Missing child reports.
  5. 35-3-84Sending information to center.
  6. 35-3-85Registration of related organizations.

Article 5. GEORGIA BUREAU OF INVESTIGATION NOMENCLATURE

  1. 35-3-100Short title.
  2. 35-3-101Definitions.
  3. 35-3-102Permission required for use of bureau nomenclature.
  4. 35-3-103Permission required for use of bureau symbols.
  5. 35-3-104Procedures for seeking permission to use bureau nomenclature or symbols.
  6. 35-3-105Injunction against violations.
  7. 35-3-106Civil penalties.
  8. 35-3-107Damage suits against violators.
  9. 35-3-108Criminal penalties.

Article 6. DIVISION OF FORENSIC SCIENCES

  1. 35-3-150Definitions.
  2. 35-3-151Responsibilities.
  3. 35-3-152Appointment, powers, and responsibilities of division director.
  4. 35-3-153Chief medical examiner office created; appointment; responsibilities.
  5. 35-3-154Division requirements.
  6. 35-3-154.1Admission of reports from state crime laboratory.
  7. 35-3-155Application of “Administrative Procedure Act.”

Article 6A. DNA SAMPLING, COLLECTION, AND ANALYSIS

  1. 35-3-160DNA analysis in felony convictions and certain felony charges; performance of tests.
  2. 35-3-161Collection of DNA samples; time and procedure for withdrawal of blood samples.
  3. 35-3-162Procedure for analysis and storage of DNA sample; use of remainder of sample not subjected to analysis; confidentiality of results.
  4. 35-3-163Availability of DNA profiles collected; request for DNA profile comparisons; authority to establish unknown identity data base.
  5. 35-3-164Unlawful dissemination or use of information; obtaining sample without authority.
  6. 35-3-165Expungement of DNA profile in data bank; requirements.

Article 7. ALERT SYSTEM FOR MISSING DISABLED ADULTS AND THE MEDICALLY ENDANGERED

  1. 35-3-170Short title.
  2. 35-3-171Definitions.
  3. 35-3-172Development and implementation.
  4. 35-3-173Director to be state-wide coordinator for alert system.
  5. 35-3-174Time for reporting elopement of disabled person from personal care home and assisted living community.
  6. 35-3-175Recruitment of media, private and governmental entities, and others for assistance in developing and implementing alert system; contractual agreements for system support.
  7. 35-3-176Criteria for activating alert system.
  8. 35-3-177Verification that criteria for activation have been met.
  9. 35-3-178Obligations of agencies participating in alert system; participation of Georgia Lottery Corporation in disseminating alert information through retail establishments.
  10. 35-3-179Termination of an alert.
  11. 35-3-180Immunity.

Article 8. ALERT SYSTEM FOR UNAPPREHENDED SUSPECTS

  1. 35-3-190Alert system for dangerous murder or rape suspects; development and implementation; termination of an alert; immunity.
  2. 35-3-191Alert system for dangerous suspects of crimes involving death or serious injury to peace officer; alert system for missing peace officer; termination of an alert; immunity.

Article 9. GEORGIA INFORMATION SHARING AND ANALYSIS CENTER

  1. 35-3-200Definitions.
  2. 35-3-201Creation; purpose.
  3. 35-3-202Responsibilities of director for center operations.Reserved
  4. 35-3-203Cooperative activities of center.
  5. 35-3-204Membership; availability of analysts.