HF 2160

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/29/2012 03:40pm

A bill for an act
relating to public safety; permitting law enforcement to take fingerprints of an
offender interacting with the criminal justice system for any offense to eliminate
a suspense record; amending Minnesota Statutes 2011 Supplement, section
299C.10, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2011 Supplement, section 299C.10, subdivision 1, is
amended to read:

Subdivision 1.

Required fingerprinting.

(a) Sheriffs, peace officers, and
community corrections agencies operating secure juvenile detention facilities shall take
or cause to be taken immediately finger and thumb prints, photographs, distinctive
physical mark identification data, information on any known aliases or street names, and
other identification data requested or required by the superintendent of the bureau, of
the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
gross misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
for, or alleged to have committed felonies or gross misdemeanors as distinguished from
those committed by adult offenders;

(3) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) persons in whose possession, when arrested, are found concealed firearms or
other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
machines, or appliances usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes;

(6) juveniles referred by a law enforcement agency to a diversion program for a
felony or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on
parole, or in custody for deleted text begin the offenses in suspense deleted text end new text begin any offense new text end whom the superintendent of
the bureau identifies as being the subject of a court disposition record which cannot be
linked to an arrest record, and whose fingerprints are necessary deleted text begin in order to maintain and
ensure the accuracy of the bureau's criminal history files, deleted text end to reduce the number of suspense
files, or to comply with the mandates of section 299C.111, relating to the reduction of the
number of suspense files. This duty to obtain fingerprints for the offenses in suspense
at the request of the bureau shall include the requirement that fingerprints be taken in
post-arrest interviews, while making court appearances, while in custody, or while on any
form of probation, diversion, or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
the fingerprint records and other identification data specified under paragraph (a) must
be forwarded to the bureau on such forms and in such manner as may be prescribed by
the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a
person described in paragraph (a). Law enforcement may take fingerprints of an individual
who is presently on probation.

(d) Finger and thumb prints must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the
taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
this time period may be extended upon a showing that additional time in custody is
essential for the successful taking of prints.

(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
privacy), 609.748 (harassment or restraining order violation), 617.23 (indecent exposure),
or 629.75 (domestic abuse no contact order).