SSB 3017 (LSB 5356XD (7) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL)

A BILL FOR

An Act relating to criminal identification and criminal history and intelligence data, including fingerprints and palm prints.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 690.2, Code 2024, is amended to read as follows:
   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, within to the department of public safety as follows: 
   a.  Within two working days after the fingerprint records are taken, to the department of public safety 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 arrested 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, any such officer may also take the photograph and palm prints the sheriff or chief of police shall also take the palm prints and may take the photograph of any such person and forward them 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 which 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 which 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. The taking of fingerprints for a serious misdemeanor offense under chapter 321 or 321A is not required under this section.
    Sec. 2.  Section 690.5, subsection 1, Code 2024, is amended to read as follows:
   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.
    Sec. 3.  Section 692.13, Code 2024, is amended to read as follows:
   692.13  Review.
   The department shall initiate periodic review procedures designed to determine compliance with the provisions of this chapter and chapter 690 within the department and by criminal or juvenile justice agencies and to determine that data furnished to them those agencies is factual and accurate.
    Sec. 4.  Section 692.15, subsection 3, Code 2024, is amended to read as follows:
   3.  The law enforcement agency making an arrest and securing fingerprints pursuant to section 690.2 or taking a juvenile into custody and securing fingerprints pursuant to section 232.148 shall fill out a final disposition report on each arrest or taking into custody on a form and in the manner prescribed by the commissioner of public safety. The final disposition report shall be forwarded to the county attorney, or at the discretion of the county attorney, to the clerk of the district court, in the county where the arrest or taking into custody occurred, or to the juvenile court officer who received the referral, whichever is deemed appropriate under the circumstances, within two working days after fingerprints are taken.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to criminal identification and criminal history and intelligence data, including fingerprints and palm prints.
   Current law requires the sheriff of every county and the chief of police of each city to take the fingerprints of all unidentified dead bodies in their jurisdictions and all persons who are taken into custody for the commission of a serious misdemeanor, aggravated misdemeanor, or felony. Fingerprint records are required to be forwarded to the commissioner of the department of public safety (department) within two working days after the fingerprint records are taken. Fingerprints may be taken of a person who has been arrested for a simple misdemeanor that is subject to an enhanced penalty for conviction of a second or subsequent offense. An officer may also take the photograph and palm prints of any person required to provide fingerprints and forward them to the department.
   The bill includes persons who have been issued a citation in lieu of continued custody for the commission of a serious misdemeanor, aggravated misdemeanor, or felony to the list of those persons who are required to be fingerprinted. The fingerprint requirements also apply to serious misdemeanor offenses under chapters 321 and 321A, which are excluded under current law. The bill also authorizes taking the fingerprints of a person taken into custody or issued a citation in lieu of continued custody for the commission of a simple misdemeanor subject to an enhanced penalty for a second or subsequent offense.
   The bill provides that fingerprint records are required to be forwarded to the commissioner of the department within two working days after an unidentified dead body is fingerprinted or a person is taken into custody, or within two working days after the initial court appearance for a person issued a citation in lieu of continued custody.
   The bill provides that any officer taking the fingerprints of a person 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 within two days.
   The bill provides that a court shall require fingerprinting of a juvenile adjudicated delinquent for an offense that would be an offense other than a simple misdemeanor if committed by an adult if the juvenile has not previously been fingerprinted in connection with juvenile proceedings.
   The bill requires the department to initiate periodic review procedures to determine compliance with the provisions of Code chapter 690 (criminal identification) and Code chapter 692 (criminal history and intelligence data) within the department and by criminal or juvenile justice agencies and to determine that data furnished to those agencies is factual and accurate.
   The bill provides that, within two working days after fingerprints are taken, a final disposition report prepared by a law enforcement agency making an arrest and securing fingerprints or taking a juvenile into custody and securing fingerprints shall be forwarded to the county attorney or to the clerk of the district court, or to the juvenile court officer who received the referral.