Text: HF00402 Text: HF00404 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 403 1 2 1 3 AN ACT 1 4 RELATING TO THE FINGERPRINTING OF PERSONS OR JUVENILES WHO 1 5 HAVE BEEN ARRESTED OR TAKEN INTO CUSTODY AND CHANGING THE 1 6 PROCEDURES FOR THE COLLECTION OF A CRIMINAL DISPOSITION 1 7 REPORT. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 232.148, subsection 2, Code 1999, is 1 12 amended to read as follows: 1 13 2. Fingerprintsand photographsof a child who has been 1 14 taken into custodymayshall be taken and filed by a criminal 1 15 or juvenile justice agency investigating the commission of a 1 16 public offense other than a simple misdemeanor. In addition, 1 17 photographs of a child who has been taken into custody may be 1 18 taken and filed by a criminal or juvenile justice agency 1 19 investigating the commission of a public offense other than a 1 20 simple misdemeanor. The criminal or juvenile justice agency 1 21 shall forward the fingerprints to the department of public 1 22 safety for inclusion in the automated fingerprint 1 23 identification system and may also retain a copy of the 1 24 fingerprint card for comparison with latent fingerprints and 1 25 the identification of repeat offenders. 1 26 Sec. 2. Section 690.2, Code 1999, is amended to read as 1 27 follows: 1 28 690.2 FINGER AND PALM PRINTS – PHOTOGRAPHS – DUTY OF 1 29 SHERIFF AND CHIEF OF POLICE. 1 30 The sheriff of every county, and the chief of police of 1 31 each city regardless of the form of government thereof, shall 1 32 take the fingerprints of all unidentified dead bodies in their 1 33 respective jurisdictions and all persons who are taken into 1 34 custody for the commission of a serious misdemeanor,other1 35than a serious misdemeanor under chapter 321 or 321A,2 1 aggravated misdemeanor, or felony and shall forward such 2 2 fingerprint records on such forms and in such manner as may be 2 3 prescribed by the commissioner of public safety, within two 2 4 working days after the fingerprint records are taken, to the 2 5 department of public safety and, if appropriate, to the 2 6 federal bureau of investigation. Fingerprints may be taken of 2 7 a person who has been arrested for apublic offensesimple 2 8 misdemeanor subject to an enhanced penalty for conviction of a 2 9 second or subsequent offense. In addition to the fingerprints 2 10 as herein provided, any such officer may also take the 2 11 photograph and palm prints of any such person and forward them 2 12 to the department of public safety. If a defendant is 2 13 convicted by a court of this state of an offense which is a 2 14 simple misdemeanor subject to an enhanced penalty for 2 15 conviction of a second or subsequent offense, a serious 2 16 misdemeanor,other than a serious misdemeanor under chapter2 17321 or 321A,an aggravated misdemeanor, or a felony, the court 2 18 shall determine whether such defendant has previously been 2 19 fingerprinted in connection with the criminal proceedings 2 20 leading to the conviction and, if not, shall order that the 2 21 defendant be fingerprinted and those prints submitted to the 2 22 department of public safety. The court shall also order that 2 23 a juvenile adjudicated delinquent for an offense which would 2 24 bea violation of section 321J.2 or an act which would be an2 25aggravated misdemeanor or felonyan offense other than a 2 26 simple misdemeanor if committed by an adult, be fingerprinted 2 27 and the prints submitted to the department of public safety if 2 28 the juvenile has not previously been fingerprintedin2 29proceedings leading to the adjudication. The taking of 2 30 fingerprints for a serious misdemeanor offense under chapter 2 31 321 or 321A is not required under this section. 2 32 Sec. 3. Section 692.15, subsections 3 and 4, Code 1999, 2 33 are amended to read as follows: 2 34 3. The law enforcement agency making an arrest and 2 35 securing fingerprints pursuant to section 690.2 or taking a 3 1 juvenile into custody and securing fingerprints pursuant to 3 2 section 232.148 shall fill out a final disposition report on 3 3 each arrest on a form and in the manner prescribed by the 3 4 commissioner of public safety. The final disposition report 3 5 shall be forwarded to the county attorney in the county where 3 6 the arrest or taking into custody occurred or to the juvenile 3 7 court officer who received the referral. 3 8 4. The county attorney of each county or juvenile court 3 9 officer who received the referral shall complete the final 3 10 disposition report and submit it to the department within 3 11 thirty days if a preliminary information or citation is 3 12 dismissed without a new charge being filed. If an indictment 3 13 is returned or a county attorney's information is filed, or a 3 14 petition is filed under section 232.35, the final disposition 3 15 form shall be forwarded to either the clerk of the district 3 16 court or juvenile court of that county. 3 17 3 18 3 19 3 20 RON J. CORBETT 3 21 Speaker of the House 3 22 3 23 3 24 3 25 MARY E. KRAMER 3 26 President of the Senate 3 27 3 28 I hereby certify that this bill originated in the House and 3 29 is known as House File 403, Seventy-eighth General Assembly. 3 30 3 31 3 32 3 33 ELIZABETH ISAACSON 3 34 Chief Clerk of the House 3 35 Approved , 1999 4 1 4 2 4 3 4 4 THOMAS J. VILSACK 4 5 Governor
Text: HF00402 Text: HF00404 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00400/HF00403/990406.html
jhf