Text: HSB00037 Text: HSB00039 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.148, subsection 2, Code 1999, is 1 2 amended to read as follows: 1 3 2. Fingerprints and photographs of a child who has been 1 4 taken into custodymayshall be taken and filed by a criminal 1 5 or juvenile justice agency investigating the commission of a 1 6 public offense other than a simple misdemeanor. Fingerprints 1 7 of a child who is taken into custody may be taken and filed by 1 8 a criminal or juvenile justice agency investigating the 1 9 commission of a simple misdemeanor that is subject to an 1 10 enhanced penalty for conviction of a second or subsequent 1 11 offense. The criminal or juvenile justice agency shall 1 12 forward the fingerprints to the department of public safety 1 13 for inclusion in the automated fingerprint identification 1 14 system and may also retain a copy of the fingerprint card for 1 15 comparison with latent fingerprints and the identification of 1 16 repeat offenders. 1 17 Sec. 2. Section 690.2, Code 1999, is amended to read as 1 18 follows: 1 19 690.2 FINGER AND PALM PRINTS – PHOTOGRAPHS – DUTY OF 1 20 SHERIFF AND CHIEF OF POLICE. 1 21 The sheriff of every county, and the chief of police of 1 22 each city regardless of the form of government thereof, shall 1 23 take the fingerprints of all unidentified dead bodies in their 1 24 respective jurisdictions and all persons who are taken into 1 25 custody for the commission of a serious misdemeanor,other1 26than a serious misdemeanor under chapter 321 or 321A,1 27 aggravated misdemeanor, or felony and shall forward such 1 28 fingerprint records on such forms and in such manner as may be 1 29 prescribed by the commissioner of public safety, within two 1 30 working days after the fingerprint records are taken, to the 1 31 department of public safety and, if appropriate, to the 1 32 federal bureau of investigation. Fingerprints may be taken of 1 33 a person who has been arrested for apublic offensesimple 1 34 misdemeanor subject to an enhanced penalty for conviction of a 1 35 second or subsequent offense. In addition to the fingerprints 2 1 as herein provided, any such officer may also take the 2 2 photograph and palm prints of any such person and forward them 2 3 to the department of public safety. If a defendant is 2 4 convicted by a court of this state of an offense which is a 2 5 simple misdemeanor subject to an enhanced penalty for 2 6 conviction of a second or subsequent offense, a serious 2 7 misdemeanor,other than a serious misdemeanor under chapter2 8321 or 321A,an aggravated misdemeanor, or a felony, the court 2 9 shall determine whether such defendant has previously been 2 10 fingerprinted in connection with the criminal proceedings 2 11 leading to the conviction and, if not, shall order that the 2 12 defendant be fingerprinted and those prints submitted to the 2 13 department of public safety. The court shall also order that 2 14 a juvenile adjudicated delinquent, or upon an informal 2 15 adjustment of the complaint, or upon entry of a consent decree 2 16 for an offense which would bea violation of section 321J.2 or2 17an act which would be an aggravated misdemeanor or felonyan 2 18 offense other than a simple misdemeanor or would be a simple 2 19 misdemeanor subject to an enhanced penalty for conviction of a 2 20 second or subsequent offense if committed by an adult, be 2 21 fingerprinted and the prints submitted to the department of 2 22 public safety if the juvenile has not previously been 2 23 fingerprintedin proceedings leading to the adjudication. The 2 24 taking of fingerprints for a serious misdemeanor offense under 2 25 chapter 321 or 321A is not required under this section. 2 26 Sec. 3. Section 692.15, subsections 3 and 4, Code 1999, 2 27 are amended to read as follows: 2 28 3. The law enforcement agency making an arrest and 2 29 securing fingerprints pursuant to section 690.2 or taking a 2 30 juvenile into custody and securing fingerprints pursuant to 2 31 section 232.148 shall fill out a final disposition report on 2 32 each arrest on a form and in the manner prescribed by the 2 33 commissioner of public safety. The final disposition report 2 34 shall be forwarded to the county attorney in the county where 2 35 the arrest or taking into custody occurred or to the juvenile 3 1 court officer who received the referral. 3 2 4. The county attorney of each county or juvenile court 3 3 officer who received the referral shall complete the final 3 4 disposition report and submit it to the department within 3 5 thirty days if a preliminary information or citation is 3 6 dismissed without a new charge being filed. If an indictment 3 7 is returned or a county attorney's information is filed, or a 3 8 petition is filed under section 232.35, the final disposition 3 9 form shall be forwarded to either the clerk of the district 3 10 court or juvenile court of that county. 3 11 EXPLANATION 3 12 This bill provides for the mandatory fingerprinting and 3 13 photographing of a juvenile who has been taken into custody 3 14 and charged with an offense greater than a simple misdemeanor. 3 15 The bill also provides for the fingerprinting of a juvenile 3 16 who has been charged with a simple misdemeanor that carries a 3 17 penalty enhancement. The bill further provides for the 3 18 mandatory fingerprinting of all persons arrested for any 3 19 misdemeanor greater than a simple misdemeanor and provides 3 20 that fingerprints may be taken of persons charged with a 3 21 simple misdemeanor that carries a penalty enhancement. The 3 22 bill and existing law exempt the fingerprinting of persons 3 23 arrested for serious misdemeanor violations under Code chapter 3 24 321 or 321A, which mostly include traffic charges. 3 25 Current law requires that a disposition report on every 3 26 arrest or criminal charge be submitted to the department of 3 27 public safety for the purpose of generating crime statistics. 3 28 The arresting law enforcement agency completes a portion of 3 29 the report and existing law requires the report to be 3 30 forwarded to the county attorney for completion. The bill 3 31 provides that a law enforcement agency taking a juvenile into 3 32 custody may provide a juvenile court officer with the 3 33 disposition report for completion of the report. In addition, 3 34 the bill provides that the juvenile court officer who received 3 35 the disposition report must complete and submit the report to 4 1 the department of public safety if a formal charge is not 4 2 filed. If a charge is filed, the disposition report must be 4 3 forwarded to either the clerk of the district court or the 4 4 juvenile court so the report may be finished and submitted to 4 5 the department when the case is completed. 4 6 LSB 1067DP 78 4 7 jm/jw/5.1
Text: HSB00037 Text: HSB00039 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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