House File 483 - Introduced
HOUSE FILE
BY SANDS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing the child identification and protection Act,
2 which prohibits the fingerprinting of children, and providing
3 for exceptions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 726.21 SHORT TITLE.
1 2 This division shall be known as and may be cited as the
1 3 "Child Identification and Protection Act".
1 4 Sec. 2. NEW SECTION. 726.22 DEFINITIONS.
1 5 As used in this division, unless the context otherwise
1 6 requires:
1 7 1. "Child" means any person under seventeen years of age.
1 8 2. "Governmental unit" means the state, or any county,
1 9 municipality, or other political subdivision of the state, or
1 10 any department, board, division, or other agency of any of
1 11 these entities; an authorized representative of the state, or
1 12 any county, municipality, or other political subdivision of
1 13 the state, or of a department, board, division, or other
1 14 agency of any of these entities; or a school district or an
1 15 authorized representative of a school district.
1 16 Sec. 3. NEW SECTION. 726.23 FINGERPRINTING OF CHILDREN
1 17 PROHIBITED == EXCEPTION == CONDITIONS.
1 18 1. Except as provided in subsection 2, a governmental unit
1 19 shall not fingerprint a child.
1 20 2. A governmental unit may fingerprint a child if one or
1 21 more of the following conditions apply:
1 22 a. A parent or guardian has given written authorization
1 23 for the taking of the fingerprints for use in the future in
1 24 case the child becomes a runaway or a missing child. Only one
1 25 set of prints shall be taken and the fingerprint cards shall
1 26 be given to the parent or guardian. The fingerprints, written
1 27 authorizations for fingerprinting, or notice of the
1 28 fingerprints' existence shall not be recorded, stored, or kept
1 29 in any manner by a law enforcement agency, except as provided
1 30 in this division or except at the request of the parent or
1 31 guardian if the child becomes a runaway or a missing child.
1 32 When the child is located or the case is otherwise disposed
1 33 of, the fingerprint cards shall be returned to the parents or
1 34 guardian.
1 35 b. Fingerprints are required to be taken pursuant to
2 1 section 232.148, 690.2, or 690.4.
2 2 c. Fingerprints are required by court order.
2 3 d. Fingerprints are voluntarily given with the written
2 4 permission of the child and parent or guardian, upon request
2 5 of a law enforcement officer, to aid in a specific criminal
2 6 investigation. Only one set of prints shall be taken and,
2 7 upon completion of the investigation, the law enforcement
2 8 agency shall return the fingerprint cards to the parent or
2 9 guardian of the child.
2 10 EXPLANATION
2 11 This bill creates the "Child Identification and Protection
2 12 Act", which prohibits the fingerprinting of a child under age
2 13 17 by a governmental unit, except under conditions specified
2 14 under the bill.
2 15 The parent or guardian of a child may give written
2 16 authorization for fingerprinting the child for use in the
2 17 future in case the child becomes a runaway or a missing child.
2 18 If a parent or guardian gives such authorization, the
2 19 fingerprint cards must be given to the parent or guardian.
2 20 Fingerprints may also be voluntarily given with the written
2 21 permission of the child and parent or guardian when requested
2 22 by a law enforcement officer to aid in a specific criminal
2 23 investigation. Upon completion of the investigation, the
2 24 fingerprint cards must be returned to the parent or guardian
2 25 of the child. In either situation, only one set of prints
2 26 shall be taken.
2 27 The bill exempts from the Act fingerprinting required under
2 28 the juvenile justice chapter of the Code or other criminal
2 29 proceeding, required when an unidentified dead body is found
2 30 or when a child is adjudicated delinquent for an offense which
2 31 would be an offense other than a simple misdemeanor if
2 32 committed by an adult within the jurisdiction of a county
2 33 sheriff or a city police chief, required for purposes of the
2 34 Iowa medical and classification center or the state training
2 35 school, and required by court order.
3 1 "Governmental unit", under the bill, means the state, or
3 2 any county, municipality, or other political subdivision or
3 3 any authorized representative or department, board, division,
3 4 or other agency of any of those entities; or a school district
3 5 or an authorized representative of a school district.
3 6 LSB 2557YH 81
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