House
File
2315
-
Enrolled
House
File
2315
AN
ACT
RELATING
TO
CRIMINAL
IDENTIFICATION
AND
CRIMINAL
HISTORY
AND
INTELLIGENCE
DATA,
INCLUDING
FINGERPRINTS
AND
PALM
PRINTS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
690.2,
Code
2024,
is
amended
to
read
as
follows:
690.2
Fingerprints
and
palm
prints
——
photographs
——
duty
of
sheriff
and
chief
of
police.
1.
The
sheriff
of
every
county
,
and
the
chief
of
police
of
each
city
,
regardless
of
the
form
of
government
thereof,
shall
take
the
fingerprints
of
all
unidentified
dead
bodies
in
their
respective
jurisdictions
and
of
all
persons
who
are
taken
into
custody
,
or
who
have
been
issued
a
citation
in
lieu
of
continued
custody,
for
the
commission
of
a
serious
misdemeanor,
an
aggravated
misdemeanor,
or
a
felony
and
shall
forward
such
fingerprint
records
,
on
such
forms
and
in
such
manner
as
may
be
prescribed
by
the
commissioner
of
public
safety,
within
to
the
department
of
public
safety
as
follows:
a.
Within
two
working
days
after
the
fingerprint
records
are
taken,
to
the
department
of
public
safety
an
unidentified
dead
body
is
fingerprinted
or
a
person
is
taken
into
custody
.
b.
Within
two
working
days
after
the
initial
court
appearance
for
a
person
issued
a
citation
in
lieu
of
continued
custody.
2.
Fingerprints
may
be
taken
of
a
person
who
has
been
arrested
taken
into
custody
or
issued
a
citation
in
lieu
of
House
File
2315,
p.
2
continued
custody
for
a
simple
misdemeanor
subject
to
an
enhanced
penalty
for
conviction
of
a
second
or
subsequent
offense.
Fingerprints
taken
pursuant
to
this
subsection
shall
be
forwarded
to
the
department
of
public
safety
within
the
time
limits
established
in
subsection
1.
In
addition
to
the
fingerprints
as
herein
provided,
any
such
officer
may
also
take
the
photograph
and
palm
prints
the
sheriff
or
chief
of
police
shall
also
take
the
palm
prints
and
may
take
the
photograph
of
any
such
person
and
forward
them
any
such
palm
prints
and
photographs
to
the
department
of
public
safety
within
the
time
limits
established
in
subsection
1
.
3.
If
a
defendant
is
convicted
by
a
court
of
this
state
of
an
offense
which
that
is
a
simple
misdemeanor
subject
to
an
enhanced
penalty
for
conviction
of
a
second
or
subsequent
offense,
a
serious
misdemeanor,
an
aggravated
misdemeanor,
or
a
felony,
the
court
shall
determine
whether
such
defendant
has
previously
been
fingerprinted
in
connection
with
the
criminal
proceedings
leading
to
the
conviction
and,
if
not,
shall
order
that
the
defendant
be
fingerprinted
and
those
prints
submitted
to
the
department
of
public
safety.
4.
The
court
shall
also
order
that
a
juvenile
adjudicated
delinquent
for
an
offense
which
that
would
be
an
offense
other
than
a
simple
misdemeanor
if
committed
by
an
adult
,
be
fingerprinted
and
the
prints
submitted
to
the
department
of
public
safety
if
the
juvenile
has
not
previously
been
fingerprinted
in
connection
with
juvenile
proceedings
.
The
taking
of
fingerprints
for
a
serious
misdemeanor
offense
under
chapter
321
or
321A
is
not
required
under
this
section
.
Sec.
2.
Section
690.5,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
An
agency
subject
to
fingerprinting
and
disposition
requirements
under
this
chapter
and
chapter
692
shall
take
all
steps
necessary
to
ensure
that
all
agency
officials
and
employees
understand
the
requirements
and
shall
provide
for
and
impose
administrative
sanctions,
as
appropriate,
for
failure
to
report
as
required.
Sec.
3.
Section
692.13,
Code
2024,
is
amended
to
read
as
follows:
692.13
Review.
House
File
2315,
p.
3
The
department
shall
initiate
periodic
review
procedures
designed
to
determine
compliance
with
the
provisions
of
this
chapter
and
chapter
690
within
the
department
and
by
criminal
or
juvenile
justice
agencies
and
to
determine
that
data
furnished
to
them
those
agencies
is
factual
and
accurate.
Sec.
4.
Section
692.15,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
law
enforcement
agency
making
an
arrest
and
securing
fingerprints
pursuant
to
section
690.2
or
taking
a
juvenile
into
custody
and
securing
fingerprints
pursuant
to
section
232.148
shall
fill
out
a
final
disposition
report
on
each
arrest
or
taking
into
custody
on
a
form
and
in
the
manner
prescribed
by
the
commissioner
of
public
safety.
The
final
disposition
report
shall
be
forwarded
to
the
county
attorney,
or
at
the
discretion
of
the
county
attorney,
to
the
clerk
of
the
district
court,
in
the
county
where
the
arrest
or
taking
into
custody
occurred,
or
to
the
juvenile
court
officer
who
received
the
referral,
whichever
is
deemed
appropriate
under
the
circumstances
,
within
two
working
days
after
fingerprints
are
taken
.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2315,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor