1.1 	A bill for an act
1.2 	relating to public safety; requiring the
1.3 	fingerprinting of certain persons involved in the
1.4 	criminal justice process; amending Minnesota Statutes
1.5 	2004, sections 299C.10, subdivision 1, by adding a
1.6 	subdivision; 299C.14.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 299C.10,
1.9 	subdivision 1, is amended to read:
1.10 		Subdivision 1.Required fingerprinting.  (a) Sheriffs,
1.11 	peace officers, and community corrections agencies operating
1.12 	secure juvenile detention facilities shall take or cause to be
1.13 	taken immediately finger and thumb prints, photographs,
1.14 	distinctive physical mark identification data, information on
1.15 	any known aliases or street names, and other identification data
1.16 	requested or required by the superintendent of the bureau, of
1.17 	the following:
1.18 	(1) persons arrested for, appearing in court on a charge
1.19 	of, or convicted of a felony, gross misdemeanor, or targeted
1.20 	misdemeanor;
1.21 	(2) juveniles arrested for, appearing in court on a charge
1.22 	of, adjudicated delinquent for, or alleged to have committed
1.23 	felonies or gross misdemeanors as distinguished from those
1.24 	committed by adult offenders;
1.25 	(3) persons reasonably believed by the arresting officer to
1.26 	be fugitives from justice;
2.1 	(4) persons in whose possession, when arrested, are found
2.2 	concealed firearms or other dangerous weapons, burglar tools or
2.3 	outfits, high-power explosives, or articles, machines, or
2.4 	appliances usable for an unlawful purpose and reasonably
2.5 	believed by the arresting officer to be intended for such
2.6 	purposes; and 
2.7 	(5) juveniles referred by a law enforcement agency to a
2.8 	diversion program for a felony or gross misdemeanor offense; and 
2.9 	(6) persons currently involved in the criminal justice
2.10 	process, on probation, on parole, or in custody for the offenses
2.11 	in suspense whom the superintendent of the bureau identifies as
2.12 	being the subject of a court disposition record which cannot be
2.13 	linked to an arrest record, and whose fingerprints are necessary
2.14 	in order to maintain and ensure the accuracy of the bureau's
2.15 	criminal history files, to reduce the number of suspense files,
2.16 	or to comply with the mandates of section 299C.111, relating to
2.17 	the reduction of the number of suspense files.  This duty to
2.18 	obtain fingerprints for the offenses in suspense at the request
2.19 	of the bureau shall include the requirement that fingerprints be
2.20 	taken in post-arrest interviews; while making court appearances;
2.21 	while in custody; or while on any form of probation, diversion,
2.22 	or supervised release.
2.23 	(b) Unless the superintendent of the bureau requires a
2.24 	shorter period, within 24 hours the fingerprint records and
2.25 	other identification data specified under paragraph (a) must be
2.26 	forwarded to the bureau on such forms and in such manner as may
2.27 	be prescribed by the superintendent.
2.28 	(c) Prosecutors, courts, and probation officers and their
2.29 	agents, employees, and subordinates,shall attempt to ensure
2.30 	that the required identification data is taken on a person
2.31 	described in paragraph (a). Law enforcement may take
2.32 	fingerprints of an individual who is presently on probation.
2.33 	(d) For purposes of this section, a targeted misdemeanor is
2.34 	a misdemeanor violation of section 169A.20 (driving while
2.35 	impaired), 518B.01 (order for protection violation), 609.224
2.36 	(fifth degree assault), 609.2242 (domestic assault), 609.746
3.1 	(interference with privacy), 609.748 (harassment or restraining
3.2 	order violation), or 617.23 (indecent exposure).

3.3 	Sec. 2. Minnesota Statutes 2004, section 299C.10, is
3.4 	amended by adding a subdivision to read:
3.5 		Subd. 1a.Court disposition record in suspense;
3.6 	fingerprinting. The superintendent of the bureau shall inform a
3.7 	prosecuting authority that a person prosecuted by that authority
3.8 	is the subject of a court disposition record in suspense which
3.9 	requires fingerprinting under this section.  Upon being notified
3.10 	by the superintendent or otherwise learning of the suspense
3.11 	status of a court disposition record, any prosecuting authority
3.12 	may bring a motion in district court to compel the taking of the
3.13 	person's fingerprints upon a showing to the court that the
3.14 	person is the subject of the court disposition record in
3.15 	suspense.

3.16 	Sec. 3. Minnesota Statutes 2004, section 299C.14, is
3.17 	amended to read:
3.18 	299C.14 INFORMATION ON RELEASED PRISONER.
3.19 	It shall be the duty of the officials having charge of the
3.20 	penal institutions of the state or the release of prisoners
3.21 	therefrom to furnish to the bureau, as the superintendent may
3.22 	require, finger and thumb prints, photographs, distinctive
3.23 	physical mark identification data, other identification data,
3.24 	modus operandi reports, and criminal records of prisoners
3.25 	heretofore, now, or hereafter confined in such penal
3.26 	institutions, together with the period of their service and the
3.27 	time, terms, and conditions of their discharge. This duty to
3.28 	furnish information includes, but is not limited to, requests
3.29 	for fingerprints as the superintendent of the bureau deems
3.30 	necessary to maintain and ensure the accuracy of the bureau's
3.31 	criminal history files, to reduce the number of suspense files,
3.32 	or to comply with the mandates of section 299C.111 relating to
3.33 	the reduction of the number of suspense files where a
3.34 	disposition record is received that cannot be linked to an
3.35 	arrest record.