Senate Study Bill 3017 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to criminal identification and criminal history 1 and intelligence data, including fingerprints and palm 2 prints. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5356XD (7) 90 as/js
S.F. _____ H.F. _____ Section 1. Section 690.2, Code 2024, is amended to read as 1 follows: 2 690.2 Fingerprints and palm prints photographs duty of 3 sheriff and chief of police. 4 1. The sheriff of every county , and the chief of police 5 of each city , regardless of the form of government thereof, 6 shall take the fingerprints of all unidentified dead bodies in 7 their respective jurisdictions and of all persons who are taken 8 into custody , or who have been issued a citation in lieu of 9 continued custody, for the commission of a serious misdemeanor, 10 an aggravated misdemeanor, or a felony and shall forward such 11 fingerprint records , on such forms and in such manner as may be 12 prescribed by the commissioner of public safety, within to the 13 department of public safety as follows: 14 a. Within two working days after the fingerprint records are 15 taken, to the department of public safety an unidentified dead 16 body is fingerprinted or a person is taken into custody . 17 b. Within two working days after the initial court 18 appearance for a person issued a citation in lieu of continued 19 custody. 20 2. Fingerprints may be taken of a person who has been 21 arrested taken into custody or issued a citation in lieu of 22 continued custody for a simple misdemeanor subject to an 23 enhanced penalty for conviction of a second or subsequent 24 offense. Fingerprints taken pursuant to this subsection shall 25 be forwarded to the department of public safety within the 26 time limits established in subsection 1. In addition to the 27 fingerprints as herein provided, any such officer may also take 28 the photograph and palm prints the sheriff or chief of police 29 shall also take the palm prints and may take the photograph 30 of any such person and forward them any such palm prints and 31 photographs to the department of public safety within the time 32 limits established in subsection 1 . 33 3. If a defendant is convicted by a court of this state 34 of an offense which that is a simple misdemeanor subject to 35 -1- LSB 5356XD (7) 90 as/js 1/ 4
S.F. _____ H.F. _____ an enhanced penalty for conviction of a second or subsequent 1 offense, a serious misdemeanor, an aggravated misdemeanor, or a 2 felony, the court shall determine whether such defendant has 3 previously been fingerprinted in connection with the criminal 4 proceedings leading to the conviction and, if not, shall order 5 that the defendant be fingerprinted and those prints submitted 6 to the department of public safety. 7 4. The court shall also order that a juvenile adjudicated 8 delinquent for an offense which that would be an offense 9 other than a simple misdemeanor if committed by an adult , 10 be fingerprinted and the prints submitted to the department 11 of public safety if the juvenile has not previously been 12 fingerprinted in connection with juvenile proceedings . The 13 taking of fingerprints for a serious misdemeanor offense under 14 chapter 321 or 321A is not required under this section . 15 Sec. 2. Section 690.5, subsection 1, Code 2024, is amended 16 to read as follows: 17 1. An agency subject to fingerprinting and disposition 18 requirements under this chapter and chapter 692 shall take 19 all steps necessary to ensure that all agency officials and 20 employees understand the requirements and shall provide for and 21 impose administrative sanctions, as appropriate, for failure 22 to report as required. 23 Sec. 3. Section 692.13, Code 2024, is amended to read as 24 follows: 25 692.13 Review. 26 The department shall initiate periodic review procedures 27 designed to determine compliance with the provisions of this 28 chapter and chapter 690 within the department and by criminal 29 or juvenile justice agencies and to determine that data 30 furnished to them those agencies is factual and accurate. 31 Sec. 4. Section 692.15, subsection 3, Code 2024, is amended 32 to read as follows: 33 3. The law enforcement agency making an arrest and securing 34 fingerprints pursuant to section 690.2 or taking a juvenile 35 -2- LSB 5356XD (7) 90 as/js 2/ 4
S.F. _____ H.F. _____ into custody and securing fingerprints pursuant to section 1 232.148 shall fill out a final disposition report on each 2 arrest or taking into custody on a form and in the manner 3 prescribed by the commissioner of public safety. The final 4 disposition report shall be forwarded to the county attorney, 5 or at the discretion of the county attorney, to the clerk of 6 the district court, in the county where the arrest or taking 7 into custody occurred, or to the juvenile court officer who 8 received the referral, whichever is deemed appropriate under 9 the circumstances , within two working days after fingerprints 10 are taken . 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanations substance by the members of the general assembly. 14 This bill relates to criminal identification and criminal 15 history and intelligence data, including fingerprints and palm 16 prints. 17 Current law requires the sheriff of every county and the 18 chief of police of each city to take the fingerprints of all 19 unidentified dead bodies in their jurisdictions and all persons 20 who are taken into custody for the commission of a serious 21 misdemeanor, aggravated misdemeanor, or felony. Fingerprint 22 records are required to be forwarded to the commissioner of the 23 department of public safety (department) within two working 24 days after the fingerprint records are taken. Fingerprints 25 may be taken of a person who has been arrested for a simple 26 misdemeanor that is subject to an enhanced penalty for 27 conviction of a second or subsequent offense. An officer may 28 also take the photograph and palm prints of any person required 29 to provide fingerprints and forward them to the department. 30 The bill includes persons who have been issued a citation 31 in lieu of continued custody for the commission of a serious 32 misdemeanor, aggravated misdemeanor, or felony to the list 33 of those persons who are required to be fingerprinted. The 34 fingerprint requirements also apply to serious misdemeanor 35 -3- LSB 5356XD (7) 90 as/js 3/ 4
S.F. _____ H.F. _____ offenses under chapters 321 and 321A, which are excluded under 1 current law. The bill also authorizes taking the fingerprints 2 of a person taken into custody or issued a citation in lieu of 3 continued custody for the commission of a simple misdemeanor 4 subject to an enhanced penalty for a second or subsequent 5 offense. 6 The bill provides that fingerprint records are required to 7 be forwarded to the commissioner of the department within two 8 working days after an unidentified dead body is fingerprinted 9 or a person is taken into custody, or within two working days 10 after the initial court appearance for a person issued a 11 citation in lieu of continued custody. 12 The bill provides that any officer taking the fingerprints 13 of a person shall also take the palm prints and may take the 14 photograph of any such person and forward any such palm prints 15 and photographs to the department within two days. 16 The bill provides that a court shall require fingerprinting 17 of a juvenile adjudicated delinquent for an offense that would 18 be an offense other than a simple misdemeanor if committed by 19 an adult if the juvenile has not previously been fingerprinted 20 in connection with juvenile proceedings. 21 The bill requires the department to initiate periodic review 22 procedures to determine compliance with the provisions of Code 23 chapter 690 (criminal identification) and Code chapter 692 24 (criminal history and intelligence data) within the department 25 and by criminal or juvenile justice agencies and to determine 26 that data furnished to those agencies is factual and accurate. 27 The bill provides that, within two working days after 28 fingerprints are taken, a final disposition report prepared 29 by a law enforcement agency making an arrest and securing 30 fingerprints or taking a juvenile into custody and securing 31 fingerprints shall be forwarded to the county attorney or to 32 the clerk of the district court, or to the juvenile court 33 officer who received the referral. 34 -4- LSB 5356XD (7) 90 as/js 4/ 4