2006 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;
(5) juveniles referred by a law enforcement agency to a diversion program for a felony
or gross misdemeanor offense; and
(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.
(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) 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. 1a. Court disposition record in suspense; fingerprinting. 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.
    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
annually appropriated to the commissioner to maintain and improve the quality of the criminal
record system in Minnesota. The superintendent shall collect an additional handling fee of $7 for
FBI background fingerprint checks.
    Subd. 5. Fee for taking fingerprints; account, appropriation. The superintendent may
charge a fee of $10 to take fingerprints for the public when required by an employer or government
entity for either employment or licensing. No fee will be charged when there is a question whether
the person is the subject of a criminal history record. The proceeds of the fee must be deposited
in an account in the special revenue fund. Money in the account is annually appropriated to the
commissioner to maintain and improve the quality of the criminal record system in Minnesota.
History: (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;
1Sp2003 c 2 art 4 s 7,8; 2005 c 136 art 11 s 8,9