CHAPTER 690
CRIMINAL IDENTIFICATION

Referred to in §331.307, 364.22, 692.13

  
     
690.1  Criminal identification.
  The commissioner of public safety may provide in the department a division of criminal investigation. The commissioner may adopt rules for the same. The sheriff of each county and the chief of police of each city shall furnish to the department criminal identification records and other information as directed by the commissioner of public safety.
[C24, 27, 31, 35, 39, §13416; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §749.1; C79, 81, §690.1]
97 Acts, ch 23, §77; 2006 Acts, ch 1034, §2
Referred to in §331.653

  
     
690.2  Fingerprints and palm prints — photographs — duty of sheriff and chief of police.
  1.  The sheriff of every county and the chief of police of each city, regardless of the form of government thereof, shall take the fingerprints of all unidentified dead bodies in their respective jurisdictions and of all persons who are taken into custody, or who have been issued a citation in lieu of continued custody, for the commission of a serious misdemeanor, an aggravated misdemeanor, or a felony and shall forward such fingerprint records, on such forms and in such manner as may be prescribed by the commissioner of public safety, to the department of public safety as follows: 
  a.  Within two working days after an unidentified dead body is fingerprinted or a person is taken into custody.
  b.  Within two working days after the initial court appearance for a person issued a citation in lieu of continued custody.
  2.  Fingerprints may be taken of a person who has been taken into custody or issued a citation in lieu of continued custody for a simple misdemeanor subject to an enhanced penalty for conviction of a second or subsequent offense. Fingerprints taken pursuant to this subsection shall be forwarded to the department of public safety within the time limits established in subsection 1. In addition to the fingerprints as herein provided, the sheriff or chief of police 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 of public safety within the time limits established in subsection 1.
  3.  If a defendant is convicted by a court of this state of an offense that is a simple misdemeanor subject to an enhanced penalty for conviction of a second or subsequent offense, a serious misdemeanor, an aggravated misdemeanor, or a felony, the court shall determine whether such defendant has previously been fingerprinted in connection with the criminal proceedings leading to the conviction and, if not, shall order that the defendant be fingerprinted and those prints submitted to the department of public safety.
  4.  The court shall also order that a juvenile adjudicated delinquent for an offense that would be an offense other than a simple misdemeanor if committed by an adult be fingerprinted and the prints submitted to the department of public safety if the juvenile has not previously been fingerprinted in connection with juvenile proceedings. 
[C27, 31, 35, §13417-b1; C39, §13417.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §749.2; C79, 81, §690.2]
93 Acts, ch 115, §1; 96 Acts, ch 1135, §1; 99 Acts, ch 37, §2; 2011 Acts, ch 95, §5; 2024 Acts, ch 1035, §1
Referred to in §331.322, 331.653, 690.3, 692.15, 726.23
Fingerprinting, see also §232.148 and 690.4
Nontestimonial identification, chapter 810

     
690.3  Equipment.
  The board of supervisors of each county and the council of each city affected by the provisions of section 690.2 shall furnish all necessary equipment and materials for the carrying out of the provisions of said section.
[C27, 31, 35, §13417-b2; C39, §13417.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §749.3; C79, 81, §690.3]

     
690.4  Fingerprints and photographs at institutions.
  1.  The warden of the Iowa medical and classification center and superintendent of the state training school shall take or procure the taking of the fingerprints, and, in the case of the Iowa medical and classification center only, Bertillon photographs of any person received on commitment to their respective institutions, and shall forward such fingerprint records and photographs within ten days after they are taken to the department of public safety. Information obtained from fingerprint cards submitted pursuant to this section may be retained by the department of public safety as criminal history records. If a charge for a serious misdemeanor, aggravated misdemeanor, or felony is brought against a person already in the custody of a law enforcement or correctional agency and the charge is filed in a case separate from the case for which the person was previously arrested or confined, the agency shall take the fingerprints of the person in connection with the new case and submit them to the department of public safety.
  2.  The wardens and superintendents of all department of corrections facilities shall procure the taking of a photograph showing the facial features of each inmate of a state correctional institution prior to the inmate’s discharge. The photograph shall be placed in the inmate’s file and shall be made available to the Iowa department of public safety upon request.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §749.4; C79, 81, §690.4; 82 Acts, ch 1260, §37]
83 Acts, ch 96, §116, 159; 84 Acts, ch 1184, §18; 86 Acts, ch 1075, §4; 93 Acts, ch 115, §2; 2011 Acts, ch 95, §6
Referred to in §726.23

  
     
690.5  Administrative sanctions.
  1.  An agency subject to fingerprinting and disposition requirements under this chapter and chapter 692 shall take all steps necessary to ensure that all agency officials and employees understand the requirements and shall provide for and impose administrative sanctions, as appropriate, for failure to report as required.
  2.  If a criminal or juvenile justice agency subject to fingerprinting and disposition requirements fails to comply with the requirements, the commissioner of public safety shall order that the agency’s access to criminal history record information maintained by the repository be denied or restricted until the agency complies with the reporting requirements.
  3.  The state court administrator shall develop a policy to ensure that court personnel understand and comply with the fingerprinting and disposition requirements and shall also develop sanctions for court personnel who fail to comply with the requirements.
93 Acts, ch 115, §3; 95 Acts, ch 191, §27; 2018 Acts, ch 1041, §127; 2024 Acts, ch 1035, §2