HF 1984

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring the
fingerprinting of certain persons involved in the
criminal justice process; amending Minnesota Statutes
2004, sections 299C.10, subdivision 1, by adding a
subdivision; 299C.14.

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

Section 1.

Minnesota Statutes 2004, 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) persons reasonably believed by the arresting officer to
be fugitives from justice;

(4) 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; deleted text begin and
deleted text end

(5) juveniles referred by a law enforcement agency to a
diversion program for a felony or gross misdemeanor offense new text begin ; and
new text end

new text begin (6) persons currently involved in the criminal justice
process, on probation, on parole, or in custody for the offenses
in suspense 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
in order to maintain and ensure the accuracy of the bureau's
criminal history files, 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 new text end .

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

(d) 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), or 617.23 (indecent exposure).

Sec. 2.

Minnesota Statutes 2004, section 299C.10, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Court disposition record in suspense;
fingerprinting. new text end

new text begin The superintendent of the bureau shall inform a
prosecuting authority that a person prosecuted by that authority
is the subject of a court disposition record in suspense which
requires fingerprinting under this section. Upon being notified
by the superintendent or otherwise learning of the suspense
status of a court disposition record, any prosecuting authority
may bring a motion in district court to compel the taking of the
person's fingerprints upon a showing to the court that the
person is the subject of the court disposition record in
suspense.
new text end

Sec. 3.

Minnesota Statutes 2004, section 299C.14, is
amended to read:

299C.14 INFORMATION ON RELEASED PRISONER.

It shall be the duty of the officials having charge of the
penal institutions of the state or the release of prisoners
therefrom to furnish to the bureau, as the superintendent may
require, finger and thumb prints, photographs, distinctive
physical mark identification data, other identification data,
modus operandi reports, and criminal records of prisoners
heretofore, now, or hereafter confined in such penal
institutions, together with the period of their service and the
time, terms, and conditions of their discharge. new text begin This duty to
furnish information includes, but is not limited to, requests
for fingerprints as the superintendent of the bureau deems
necessary to maintain and ensure the accuracy of the bureau's
criminal history files, 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 where a
disposition record is received that cannot be linked to an
arrest record.
new text end