Ga. Comp. R. & Regs. R. 140-2-.01 - Scope

Current through Rules and Regulations filed through April 4, 2022

(1) These Rules apply to Georgia criminal justice agencies and all other agencies or persons with access to criminal justice information as defined in Georgia law and Rule 140-1-.02(c).

(2) These Rules do not restrict any criminal justice agency from publicly disclosing certain information to include:

(a) The status of a current investigation.

(b) The recent arrest, release or prosecution of an individual.

(3) A criminal justice agency may release prior CHRI to the news media or any other person if the CHRI is based on data contained in:

(a) Posters, announcements, flyers or computerized databases created to aid in the identification or arrest of fugitives, wanted persons, habitual offenders, career criminals or highly dangerous offenders.

(b) Incident reports, arrest/booking reports and other reports prepared by criminal justice agencies and defined by law as public records.

(c) Official records of public judicial proceedings.

(4) The names of living victims of sexual offenses and juveniles involved in police investigations are not to be released.

(5) Nothing in these Rules shall close any record that is now or hereafter made public by law.

(6) Nothing in these Rules shall mandate the exchange of criminal justice information except where specifically required by these Rules.

Notes

Ga. Comp. R. & Regs. R. 140-2-.01

O.C.G.A. Secs. 16-6-23, 35-3-34, 35-3-35, 50-18-72, 42 U.S.C. 3371, 28 CFR 20.21.

Original Rule entitled "Scope" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976. Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency. Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency. Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986. Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988. Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990. Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992. Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002. Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.