2002 Minnesota Statutes

     299C.10 Identification data required. 

    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; and 

    (5) juveniles referred by a law enforcement agency to a 
 diversion program for a felony or gross misdemeanor offense. 

    (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 shall 
 attempt to ensure that the required identification data is taken 
 on a person described in paragraph (a). 

    (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). 

    Subd. 2.    Law enforcement education.  The sheriffs and 
 police officers who take finger and thumb prints must obtain 
 training in the proper methods of taking and transmitting finger 
 prints under this section consistent with bureau requirements. 

    Subd. 3.    Bureau duty.  The bureau must enter in the 
 criminal records system finger and thumb prints within five 
 working days after they are received under this section. 

    Subd. 4.    Fee for background check; account; 
 appropriation.  The superintendent shall collect a fee in an 
 amount to cover the expense for each background check provided 
 for a purpose not directly related to the criminal justice 
 system or required by section 624.7131, 624.7132, or 624.714.  
 The proceeds of the fee must be deposited in a special account.  
 Money in the account is appropriated to the commissioner to 
 maintain and improve the quality of the criminal record system 
 in Minnesota. 

    HIST: (9950-10) 1927 c 224 s 6; 1929 c 46 s 1; 1935 c 197 s 4; 
 1957 c 790 s 2; 1993 c 266 s 32; 1994 c 636 art 4 s 19; 1995 c 
 226 art 4 s 10,11; 1996 c 408 art 6 s 11; 1996 c 440 art 1 s 50; 
 1997 c 159 art 2 s 43; 1997 c 239 art 8 s 14,15; 2000 c 478 art 
 2 s 7; 1Sp2001 c 8 art 6 s 1