Text: HSB00579 Text: HSB00581 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 690.2, Code 1995, is amended to read as 1 2 follows: 1 3 690.2 FINGER AND PALM PRINTS &endash; PHOTOGRAPHS &endash; DUTY OF 1 4 SHERIFF AND CHIEF OF POLICE. 1 5 The sheriff of every county, and the chief of police of 1 6 each city regardless of the form of government thereof, shall 1 7 take the fingerprints of all unidentified dead bodies in their 1 8 respective jurisdictions and all persons who are taken into 1 9 custody for the commission of a serious misdemeanor, other 1 10 than a serious misdemeanor under chapter 321 or 321A, 1 11 aggravated misdemeanor, or felony and shall forward such 1 12 fingerprint records on such forms and in such manner as may be 1 13 prescribed by the commissioner of public safety, within two 1 14 working days after the fingerprint records are taken, to the 1 15 department of public safety and, if appropriate, to the 1 16 federal bureau of investigation. Fingerprints may be taken of 1 17 a person who has been arrested for a public offense subject to 1 18 an enhanced penalty for conviction of a second or subsequent 1 19 offense. In addition to the fingerprints as herein provided, 1 20 any such officer may also take the photograph and palm prints 1 21 of any such person and forward them to the department of 1 22 public safety. If a defendant is convicted by a court of this 1 23 state of an offense which is a serious misdemeanor, other than 1 24 a serious misdemeanor under chapter 321 or 321A, aggravated 1 25 misdemeanor, or felony, the court shall determine whether such 1 26 defendant has previously been fingerprinted in connection with 1 27 the criminal proceedings leading to the conviction and, if 1 28 not, shall order that the defendant be fingerprinted and those 1 29 prints submitted to the department of public safety. The 1 30 court shall also order that a juvenile adjudicated delinquent 1 31 for an offense which would be a violation of section 321J.2 or 1 32 an act which would be an aggravated misdemeanor or felony if 1 33 committed by an adult be fingerprinted and the prints 1 34 submitted to the department of public safety if the juvenile 1 35 has not previously been fingerprinted in proceedings leading 2 1 to the adjudication. 2 2 EXPLANATION 2 3 This bill eliminates the requirement that persons taken 2 4 into custody for the commission of an offense which is a 2 5 serious misdemeanor under chapter 321 (motor vehicles and law 2 6 of the road) or 321A (motor vehicle financial responsibility) 2 7 be fingerprinted and the prints sent to the department of 2 8 public safety. The bill also provides that the court shall 2 9 order the fingerprinting of a juvenile adjudicated delinquent 2 10 for a violation of section 321J.2 or an offense which would be 2 11 an aggravated misdemeanor or felony if committed by an adult 2 12 if the juvenile was not fingerprinted in pre-adjudication 2 13 proceedings. 2 14 BACKGROUND STATEMENT 2 15 SUBMITTED BY THE AGENCY 2 16 When the Iowa Code was changed to establish a threshold for 2 17 the taking of fingerprints, it did not exclude violation of 2 18 these chapters. It is unnecessary for the criminal history 2 19 records maintained by the department of public safety to 2 20 contain serious misdemeanor violations of chapter 321 and 321A 2 21 regarding the operation of motor vehicles and operator 2 22 financial responsibility as these records are available from 2 23 the department of transportation. The requirement of 2 24 fingerprinting individuals taken into custody under chapter 2 25 321 or 321A has placed an undue processing burden on law 2 26 enforcement, county attorneys, and clerks of court. 2 27 House File 528, 1995 Iowa Acts, chapter 191, authorized the 2 28 retention of juvenile criminal history records. This bill 2 29 adds language requiring courts to order the fingerprinting of 2 30 juveniles who are adjudicated delinquent for a violation of 2 31 section 321J.2 or an offense which would be an aggravated 2 32 misdemeanor or felony if committed by an adult who have not 2 33 previously been fingerprinted in connection with the 2 34 adjudication. 2 35 LSB 3107DP 76 3 1 mk/sc/14
Text: HSB00579 Text: HSB00581 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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