HSB 525

Fingerprints may be taken of a person who has been arrested for a simple misdemeanor that is subject to an enhanced penalty for conviction of a second or subsequent offense. An officer may also take the photograph and palm prints of any person required to provide fingerprints and forward them to the department. The bill includes persons who have been issued a citation in lieu of continued custody for the commission of a serious misdemeanor, aggravated misdemeanor, or felony to the list of those persons who are required to be fingerprinted. _____ offenses under chapters 321 and 321A, which are excluded under current law. The bill also authorizes taking the fingerprints of a person taken into custody or issued a citation in lieu of continued custody for the commission of a simple misdemeanor subject to an enhanced penalty for a second or subsequent offense. The bill provides that fingerprint records are required to be forwarded to the commissioner of the department within two working days after an unidentified dead body is fingerprinted or a person is taken into custody, or within two working days after the initial court appearance for a person issued a citation in lieu of continued custody. The bill provides that any officer taking the fingerprints of a person shall also take the palm prints and may take the photograph of any such person and forward any such palm prints and photographs to the department within two days. The bill provides that a court shall require fingerprinting of a juvenile adjudicated delinquent for an offense that would be an offense other than a simple misdemeanor if committed by an adult if the juvenile has not previously been fingerprinted in connection with juvenile proceedings. The bill requires the department to initiate periodic review procedures to determine compliance with the provisions of Code chapter 690 (criminal identification) and Code chapter 692 (criminal history and intelligence data) within the department and by criminal or juvenile justice agencies and to determine that data furnished to those agencies is factual and accurate. The bill provides that, within two working days after fingerprints are taken, a final disposition report prepared by a law enforcement agency making an arrest and securing fingerprints or taking a juvenile into custody and securing fingerprints shall be forwarded to the county attorney or to the clerk of the district court, or to the juvenile court officer who received the referral.