Title 35, Chapter 3, Section 39.1
( 35-3-39.1)
(a) As used in this Code section, the term: (1) "Compact" means the National Crime Prevention and Privacy
Compact established by Section 217 of the federal law. (2) "Compact council" means the compact council established by
Article VI of the compact. (3) "Director" means the director of the Georgia Crime Information
Center. (4) "Federal law" means the National Crime Prevention and Privacy
Compact Act of 1998 contained in Public Law 92-544, 42 U.S.C.
Section 14616. (5) "Interstate Identification Index System" or "III System" means
the cooperative federal-state system for the exchange of criminal
history records as provided for in the compact. (b) The National Crime Prevention and Privacy Compact established by
federal law is ratified, enacted, and entered into by the State of
Georgia. The compact shall become operative immediately upon
approval of this state's participation by the United States Attorney
General. (c) The director shall be the compact officer and shall be
responsible for: (1) Administering the compact within this state; (2) Ensuring that compact provisions and rules, procedures, and
standards established by the compact council are complied with in
this state; and (3) Regulating the in-state use of records received from the
Federal Bureau of Investigation or other states party to the
compact. (d) The center shall establish and maintain a criminal history
record repository to provide: (1) Information and records for the National Identification Index
and the National Fingerprint File; and (2) This state's III System-indexed criminal history records for
noncriminal justice purposes described in Article IV of the
compact. (e) This state shall comply with III System rules, procedures, and
standards established pursuant to the compact concerning record
dissemination and use, response times, data quality, system
security, accuracy, privacy protection, and other aspects of the III
System operation. (f) Use of the III System by the center for noncriminal justice
purposes authorized in the compact shall be managed so as not to
diminish the level of services provided in support of criminal
justice purposes.
(g) Administration of the compact provisions shall not reduce the
level of services available to noncriminal justice users on the
effective date of the compact with this state. (h) The center shall provide criminal history records, excluding
sealed records, to criminal justice agencies and other governmental
and nongovernmental agencies for noncriminal justice purposes as
required by the compact. (i) Records obtained under the compact may be used only for the
official purposes for which the records were requested and under
such procedures established by the director in conformity with
rules, procedures, and standards established pursuant to Article IV
of the compact. (j) Notwithstanding any other law to the contrary, fingerprints or
other forms of positive identification, as provided for in the
compact, shall be submitted with all requests for criminal history
record checks for noncriminal justice purposes authorized under the
compact. Such records checks made pursuant to any other law of this
state shall comply with this Code section, the compact, and federal
law. |