Bill Text: IA SF2264 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal identification and criminal history and intelligence data, including fingerprints and palm prints.(Formerly SSB 3017.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-04-01 - Withdrawn. S.J. 681. [SF2264 Detail]
Download: Iowa-2023-SF2264-Introduced.html
Senate
File
2264
-
Introduced
SENATE
FILE
2264
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3017)
A
BILL
FOR
An
Act
relating
to
criminal
identification
and
criminal
history
1
and
intelligence
data,
including
fingerprints
and
palm
2
prints.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
690.2,
Code
2024,
is
amended
to
read
as
1
follows:
2
690.2
Fingerprints
and
palm
prints
——
photographs
——
duty
of
3
sheriff
and
chief
of
police.
4
1.
The
sheriff
of
every
county
,
and
the
chief
of
police
5
of
each
city
,
regardless
of
the
form
of
government
thereof,
6
shall
take
the
fingerprints
of
all
unidentified
dead
bodies
in
7
their
respective
jurisdictions
and
of
all
persons
who
are
taken
8
into
custody
,
or
who
have
been
issued
a
citation
in
lieu
of
9
continued
custody,
for
the
commission
of
a
serious
misdemeanor,
10
an
aggravated
misdemeanor,
or
a
felony
and
shall
forward
such
11
fingerprint
records
,
on
such
forms
and
in
such
manner
as
may
be
12
prescribed
by
the
commissioner
of
public
safety,
within
to
the
13
department
of
public
safety
as
follows:
14
a.
Within
two
working
days
after
the
fingerprint
records
are
15
taken,
to
the
department
of
public
safety
an
unidentified
dead
16
body
is
fingerprinted
or
a
person
is
taken
into
custody
.
17
b.
Within
two
working
days
after
the
initial
court
18
appearance
for
a
person
issued
a
citation
in
lieu
of
continued
19
custody.
20
2.
Fingerprints
may
be
taken
of
a
person
who
has
been
21
arrested
taken
into
custody
or
issued
a
citation
in
lieu
of
22
continued
custody
for
a
simple
misdemeanor
subject
to
an
23
enhanced
penalty
for
conviction
of
a
second
or
subsequent
24
offense.
Fingerprints
taken
pursuant
to
this
subsection
shall
25
be
forwarded
to
the
department
of
public
safety
within
the
26
time
limits
established
in
subsection
1.
In
addition
to
the
27
fingerprints
as
herein
provided,
any
such
officer
may
also
take
28
the
photograph
and
palm
prints
the
sheriff
or
chief
of
police
29
shall
also
take
the
palm
prints
and
may
take
the
photograph
30
of
any
such
person
and
forward
them
any
such
palm
prints
and
31
photographs
to
the
department
of
public
safety
within
the
time
32
limits
established
in
subsection
1
.
33
3.
If
a
defendant
is
convicted
by
a
court
of
this
state
34
of
an
offense
which
that
is
a
simple
misdemeanor
subject
to
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an
enhanced
penalty
for
conviction
of
a
second
or
subsequent
1
offense,
a
serious
misdemeanor,
an
aggravated
misdemeanor,
or
a
2
felony,
the
court
shall
determine
whether
such
defendant
has
3
previously
been
fingerprinted
in
connection
with
the
criminal
4
proceedings
leading
to
the
conviction
and,
if
not,
shall
order
5
that
the
defendant
be
fingerprinted
and
those
prints
submitted
6
to
the
department
of
public
safety.
7
4.
The
court
shall
also
order
that
a
juvenile
adjudicated
8
delinquent
for
an
offense
which
that
would
be
an
offense
9
other
than
a
simple
misdemeanor
if
committed
by
an
adult
,
10
be
fingerprinted
and
the
prints
submitted
to
the
department
11
of
public
safety
if
the
juvenile
has
not
previously
been
12
fingerprinted
in
connection
with
juvenile
proceedings
.
The
13
taking
of
fingerprints
for
a
serious
misdemeanor
offense
under
14
chapter
321
or
321A
is
not
required
under
this
section
.
15
Sec.
2.
Section
690.5,
subsection
1,
Code
2024,
is
amended
16
to
read
as
follows:
17
1.
An
agency
subject
to
fingerprinting
and
disposition
18
requirements
under
this
chapter
and
chapter
692
shall
take
19
all
steps
necessary
to
ensure
that
all
agency
officials
and
20
employees
understand
the
requirements
and
shall
provide
for
and
21
impose
administrative
sanctions,
as
appropriate,
for
failure
22
to
report
as
required.
23
Sec.
3.
Section
692.13,
Code
2024,
is
amended
to
read
as
24
follows:
25
692.13
Review.
26
The
department
shall
initiate
periodic
review
procedures
27
designed
to
determine
compliance
with
the
provisions
of
this
28
chapter
and
chapter
690
within
the
department
and
by
criminal
29
or
juvenile
justice
agencies
and
to
determine
that
data
30
furnished
to
them
those
agencies
is
factual
and
accurate.
31
Sec.
4.
Section
692.15,
subsection
3,
Code
2024,
is
amended
32
to
read
as
follows:
33
3.
The
law
enforcement
agency
making
an
arrest
and
securing
34
fingerprints
pursuant
to
section
690.2
or
taking
a
juvenile
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into
custody
and
securing
fingerprints
pursuant
to
section
1
232.148
shall
fill
out
a
final
disposition
report
on
each
2
arrest
or
taking
into
custody
on
a
form
and
in
the
manner
3
prescribed
by
the
commissioner
of
public
safety.
The
final
4
disposition
report
shall
be
forwarded
to
the
county
attorney,
5
or
at
the
discretion
of
the
county
attorney,
to
the
clerk
of
6
the
district
court,
in
the
county
where
the
arrest
or
taking
7
into
custody
occurred,
or
to
the
juvenile
court
officer
who
8
received
the
referral,
whichever
is
deemed
appropriate
under
9
the
circumstances
,
within
two
working
days
after
fingerprints
10
are
taken
.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
criminal
identification
and
criminal
15
history
and
intelligence
data,
including
fingerprints
and
palm
16
prints.
17
Current
law
requires
the
sheriff
of
every
county
and
the
18
chief
of
police
of
each
city
to
take
the
fingerprints
of
all
19
unidentified
dead
bodies
in
their
jurisdictions
and
all
persons
20
who
are
taken
into
custody
for
the
commission
of
a
serious
21
misdemeanor,
aggravated
misdemeanor,
or
felony.
Fingerprint
22
records
are
required
to
be
forwarded
to
the
commissioner
of
the
23
department
of
public
safety
(department)
within
two
working
24
days
after
the
fingerprint
records
are
taken.
Fingerprints
25
may
be
taken
of
a
person
who
has
been
arrested
for
a
simple
26
misdemeanor
that
is
subject
to
an
enhanced
penalty
for
27
conviction
of
a
second
or
subsequent
offense.
An
officer
may
28
also
take
the
photograph
and
palm
prints
of
any
person
required
29
to
provide
fingerprints
and
forward
them
to
the
department.
30
The
bill
includes
persons
who
have
been
issued
a
citation
31
in
lieu
of
continued
custody
for
the
commission
of
a
serious
32
misdemeanor,
aggravated
misdemeanor,
or
felony
to
the
list
33
of
those
persons
who
are
required
to
be
fingerprinted.
The
34
fingerprint
requirements
also
apply
to
serious
misdemeanor
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offenses
under
chapters
321
and
321A,
which
are
excluded
under
1
current
law.
The
bill
also
authorizes
taking
the
fingerprints
2
of
a
person
taken
into
custody
or
issued
a
citation
in
lieu
of
3
continued
custody
for
the
commission
of
a
simple
misdemeanor
4
subject
to
an
enhanced
penalty
for
a
second
or
subsequent
5
offense.
6
The
bill
provides
that
fingerprint
records
are
required
to
7
be
forwarded
to
the
commissioner
of
the
department
within
two
8
working
days
after
an
unidentified
dead
body
is
fingerprinted
9
or
a
person
is
taken
into
custody,
or
within
two
working
days
10
after
the
initial
court
appearance
for
a
person
issued
a
11
citation
in
lieu
of
continued
custody.
12
The
bill
provides
that
any
officer
taking
the
fingerprints
13
of
a
person
shall
also
take
the
palm
prints
and
may
take
the
14
photograph
of
any
such
person
and
forward
any
such
palm
prints
15
and
photographs
to
the
department
within
two
days.
16
The
bill
provides
that
a
court
shall
require
fingerprinting
17
of
a
juvenile
adjudicated
delinquent
for
an
offense
that
would
18
be
an
offense
other
than
a
simple
misdemeanor
if
committed
by
19
an
adult
if
the
juvenile
has
not
previously
been
fingerprinted
20
in
connection
with
juvenile
proceedings.
21
The
bill
requires
the
department
to
initiate
periodic
review
22
procedures
to
determine
compliance
with
the
provisions
of
Code
23
chapter
690
(criminal
identification)
and
Code
chapter
692
24
(criminal
history
and
intelligence
data)
within
the
department
25
and
by
criminal
or
juvenile
justice
agencies
and
to
determine
26
that
data
furnished
to
those
agencies
is
factual
and
accurate.
27
The
bill
provides
that,
within
two
working
days
after
28
fingerprints
are
taken,
a
final
disposition
report
prepared
29
by
a
law
enforcement
agency
making
an
arrest
and
securing
30
fingerprints
or
taking
a
juvenile
into
custody
and
securing
31
fingerprints
shall
be
forwarded
to
the
county
attorney
or
to
32
the
clerk
of
the
district
court,
or
to
the
juvenile
court
33
officer
who
received
the
referral.
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