Bill Text: GA HB247 | 2011-2012 | Regular Session | Introduced

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Bill Title: Community Health, Department of; fingerprint and investigate emergency medical services personnel; require

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2012-07-01 - Effective Date [HB247 Detail]

Download: Georgia-2011-HB247-Introduced.html

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12 HB 247/AP

House Bill 247 (AS PASSED HOUSE AND SENATE)

By: Representatives Neal of the 1st, Bearden of the 68th, Talton of the 145th, Parrish of the 156th, Howard of the 121st, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions for firefighter standards and training, so as to provide for the automatic termination of the certification of a firefighter convicted of a felony; to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for matters relevant to guardians generally; to provide for an exemption from liability for persons who comply with a Physician Order for Life-sustaining Treatment; to provide for criminal background checks for persons seeking to become a guardian or conservator; to provide for a definition; to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide that the Department of Public Health shall accept criminal history background checks of applicants for certification from state and local law enforcement agencies; 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 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions for firefighter standards and training, is amended by revising subsection (b) and paragraph (1) of subsection (c) of Code Section 25-4-8, relating to qualifications of firefighters generally, as follows:

"(b) For the purposes of paragraph (2) of subsection (a) of this Code section, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of law to remove a disability under law because of such conviction. Any person convicted of a felony while he or she is a certified firefighter shall have his or her certification revoked.

(c)(1) For the purposes of making determinations relating to eligibility under paragraph (2) of subsection (a) of this Code section, a local fire department shall provide information relative to prospective employees to the local law enforcement agency and a state fire department shall provide information relative to prospective employees to a state law enforcement agency. Such local or state law enforcement agency shall be authorized to obtain conviction data with respect to such prospective employees of a local or state fire department as authorized in this subsection. The local or state law enforcement agency shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the local or state law enforcement agency in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the local or state law enforcement agency shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this subsection and except to any person or agency which otherwise has a legal right to inspect the employment file. All such records shall be maintained by the local or state law enforcement agency pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought."

SECTION 2.
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (k) of Code Section 29-4-18, relating to definitions, requirements, and termination of temporary medical consent guardianship, by adding a new paragraph to read as follows:

"(3) Any person who acts in good faith in accordance with a Physician Order for Life-sustaining Treatment developed pursuant to subsection (l) of this Code section shall have all of the immunity granted pursuant to Code Section 31-32-10."

SECTION 3.

Said title is further amended by adding a new Code section to read as follows:

"29-9-19.

(a) As used in this Code section, the term 'criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release.

(b) The court may require a petitioner seeking to become a guardian or conservator, or a nominated guardian or conservator if such person is different from the petitioner, to submit to a criminal history records check. The petitioner or nominee shall submit his or her fingerprints to the Georgia Crime Information Center with the appropriate fee. The Georgia Crime Information Center shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of its records and shall obtain a report containing criminal history record information. The Georgia Crime Information Center shall also promptly conduct a search of its records and any records to which it has access. The Georgia Crime Information Center shall provide a report of the petitioner's or nominee's criminal history record information to the court for its consideration in determining the suitability of the petitioner or nominee to serve as a guardian or conservator."

SECTION 4.

Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, is amended by revising subsections (d) and (e) of Code Section 31-11-51, relating to certification and recertification of emergency medical technicians, as follows:

"(d) The department shall by rule or regulation, consistent with the requirements of this paragraph, establish a procedure for requesting a fingerprint based criminal history records check from the center and the Federal Bureau of Investigation. Fingerprints shall be in such form and of such quality as prescribed by the center and under standards adopted by the Federal Bureau of Investigation. Fees may be charged as necessary to cover the cost of the records search. An applicant may request that a criminal history records check be conducted by a state or local law enforcement agency or by a private vendor approved by the department. Fees for criminal history records checks shall be paid by the applicant to

the entity processing the request at the time such request is made. The state or local law enforcement agency or private vendor shall remit payment to the center in such amount as required by the center for conducting a criminal history records check. The department shall accept a criminal history records check whether such request is made through a state or local law enforcement agency or through a private vendor approved by the department. Upon receipt thereof of an authorized request, the center shall promptly cause such criminal records search to be conducted. The center shall notify the department in writing of any finding of disqualifying information, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding.

(e) Conviction data received by the department or a state or local law enforcement agency shall be privileged and shall not be a public record or disclosed to any person. Conviction data shall be maintained by the department and the state or local law enforcement pursuant to laws regarding such records and the rules and regulations of the center and the Federal Bureau of Investigation. Penalties for the unauthorized release or disclosure of conviction data shall be as prescribed by law or rule or regulation of the center or Federal Bureau of Investigation."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.