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Senate Study Bill 119

Bill Text

PAG LIN
  1  1    Section 1.  Section 690.2, Code 1997, is amended to read as
  1  2 follows:
  1  3    690.2  FINGER AND PALM PRINTS – PHOTOGRAPHS – 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    Sec. 2.  Section 692.17, unnumbered paragraph 1, Code 1997,
  2  3 is amended to read as follows:
  2  4    Criminal history data in a computer data storage system
  2  5 shall not include arrest or disposition data or custody or
  2  6 adjudication data after the person has been acquitted or the
  2  7 charges dismissed, however the data shall only be disseminated
  2  8 to criminal justice agencies.  Criminal history data shall not
  2  9 include custody or adjudication data after the juvenile has
  2 10 reached twenty-one years of age, unless the juvenile was
  2 11 convicted of or pled guilty to a serious or aggravated
  2 12 misdemeanor or felony between age eighteen and age twenty-one.  
  2 13                           EXPLANATION
  2 14    This bill strikes juvenile delinquent fingerprinting
  2 15 language which may conflict, in some instances, with another
  2 16 Code provision and provides for the inclusion of arrest,
  2 17 disposition, custody, or adjudication data for persons who
  2 18 have been acquitted or charges that have been dismissed in the
  2 19 criminal history data in the computer data storage system
  2 20 maintained by the department of public safety.
  2 21    Current Iowa Code section 690.2 requires that juveniles
  2 22 adjudicated as having committed an offense which would be a
  2 23 violation of section 321J.2 be fingerprinted upon order of the
  2 24 court.  Violations of section 321J.2 are punishable as serious
  2 25 or aggravated misdemeanors or class D felonies, depending on
  2 26 the level of offense committed.  Another Code provision,
  2 27 section 232.148, states that prints may be taken of persons
  2 28 age 14 or over who are taken into custody for offenses
  2 29 constituting aggravated misdemeanors or felonies, but not
  2 30 simple or serious misdemeanors.  This proposal strikes the
  2 31 fingerprinting requirement for adjudicated offenses of section
  2 32 321J.2 and retains the current authority in section 232.148,
  2 33 effectively eliminating the requirement for fingerprinting of
  2 34 juveniles adjudicated as having committed violations of
  2 35 section 321J.2 which are serious misdemeanors.  Fingerprinting
  3  1 for higher level violations of section 321J.2 would still
  3  2 occur pursuant to the remaining requirements of sections 690.2
  3  3 and 232.148.
  3  4    The bill also authorizes the retention of acquittal and
  3  5 dismissal criminal history information by the department of
  3  6 public safety and permits dissemination to criminal justice
  3  7 agencies.  Persons who unlawfully disseminate criminal history
  3  8 data are subject to criminal penalties ranging from simple
  3  9 misdemeanor penalties to those applicable to a class D felony
  3 10 and may be liable for damages of no less than $100 for the
  3 11 violation.  
  3 12 LSB 1056DP 77
  3 13 lh/sc/14.1
     

Text: SSB00118                          Text: SSB00120
Text: SSB00100 - SSB00199               Text: SSB Index
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