House Amendment 8466
PAG LIN
1 1 Amend House File 2528 as follows:
1 2 #1. Page 2, after line 7 by inserting:
1 3 <Sec. ___. Section 690.2, Code 2009, is amended to
1 4 read as follows:
1 5 690.2 Finger and palm prints == photographs == duty
1 6 of sheriff and chief of police.
1 7 The sheriff of every county, and the chief of
1 8 police of each city regardless of the form of
1 9 government thereof, shall take the fingerprints of
1 10 all unidentified dead bodies in their respective
1 11 jurisdictions and all persons who are taken into
1 12 custody for the commission of a serious misdemeanor,
1 13 aggravated misdemeanor, or felony and shall forward
1 14 such fingerprint records on such forms and in such
1 15 manner as may be prescribed by the commissioner of
1 16 public safety, within two working days after the
1 17 fingerprint records are taken, to the department of
1 18 public safety and, if appropriate, to the federal
1 19 bureau of investigation. Fingerprints may be taken of
1 20 a person who has been arrested for a simple misdemeanor
1 21 subject to an enhanced penalty for conviction of a
1 22 second or subsequent offense. In addition to the
1 23 fingerprints as herein provided, any such officer may
1 24 also take the photograph and palm prints of any such
1 25 person and forward them to the department of public
1 26 safety. If a defendant is convicted by a court of
1 27 this state of an offense which is a simple misdemeanor
1 28 subject to an enhanced penalty for conviction of a
1 29 second or subsequent offense, a serious misdemeanor,
1 30 an aggravated misdemeanor, or a felony, the court
1 31 shall determine whether such defendant has previously
1 32 been fingerprinted in connection with the criminal
1 33 proceedings leading to the conviction and, if not,
1 34 shall order that the defendant be fingerprinted and
1 35 those prints submitted to the department of public
1 36 safety. The court shall also order that a juvenile
1 37 adjudicated delinquent for an offense which would be an
1 38 offense other than a simple misdemeanor if committed
1 39 by an adult, be fingerprinted and the prints submitted
1 40 to the department of public safety if the juvenile
1 41 has not previously been fingerprinted. The taking of
1 42 fingerprints for a serious misdemeanor offense under
1 43 chapter 321 or 321A is not required under this section.
1 44 Fingerprints shall not be taken from an applicant for a
1 45 permit to carry a weapon pursuant to section 724.10.>
1 46 #2. Page 3, line 8, after <permit.> by inserting
1 47 <Such permits, including renewal permits and duplicate
1 48 permits, shall not be issued for a particular weapon
1 49 and shall not contain information about a particular
1 50 weapon including the make, model, or serial number of
2 1 the weapon or any ammunition used in that weapon.>
2 2 #3. Page 3, line 13, after <law.> by inserting <The
2 3 department of public safety or the sheriff's office of
2 4 the county in which an application for a permit was
2 5 made under this section shall destroy or dispose of all
2 6 information collected about a particular weapon prior
2 7 to July 1, 2010.>
2 8 #4. Page 6, line 33, after <chooses.> by inserting
2 9 <However, the application shall not require and
2 10 the sheriff shall not take the fingerprints of the
2 11 applicant.>
2 12 #5. Page 8, after line 11 by inserting:
2 13 <3. Neither the sheriff nor the commissioner shall
2 14 require an applicant for a nonprofessional permit to
2 15 carry weapons, including a renewal permit or duplicate
2 16 permit, to provide information identifying a particular
2 17 weapon in the application including the make, model,
2 18 or serial number of the weapon or any ammunition used
2 19 in that particular weapon. The department of public
2 20 safety or the sheriff's office of the county in which
2 21 an application for a permit was made under this section
2 22 shall destroy or dispose of all information collected
2 23 about a particular weapon prior to July 1, 2010.>
2 24 #6. Page 8, line 12, by striking <3.> and inserting
2 25 <4.>
2 26 #7. By renumbering as necessary.
WINDSCHITL of Harrison
HF2528.2358 (3) 83
rh/rj
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