Bill Text: MI SB1170 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Law enforcement; records; fingerprinting and photographing of child or youth with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian; allow. Amends secs. 2 & 4 of 1985 PA 176 (MCL 722.772 & 722.774).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-12-08 - Referred To Committee On Judiciary [SB1170 Detail]
Download: Michigan-2015-SB1170-Engrossed.html
SB-1170, As Passed Senate, December 8, 2016
SENATE BILL No. 1170
November 10, 2016, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1985 PA 176, entitled
"Child identification and protection act,"
by amending sections 2 and 4 (MCL 722.772 and 722.774).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Child" means any person under 17 years of age.
(b) "Child or youth with special health care needs" means a
single or married individual under 21 years of age whose activity
is or may become so restricted by disease or specified medical
condition as to reduce the individual's normal capacity for
education and self-support.
(c) "Department" means the department of state police.
(d) "Department-approved entity" means an entity, including a
local law enforcement agency or a private company, approved by the
department to take the fingerprints and photograph of a child or
youth with special health care needs under section 4.
(e)
(b) "Governmental unit" means the state or any
political
subdivision of the state, an authorized representative of the state
or any political subdivision of the state, any school district,
intermediate school district, or an authorized representative of
any school district or intermediate school district.
(f) "Guardian" means a person who has qualified as a guardian
of a minor or a child or youth with special health care needs under
a parental or spousal nomination or a court order issued under
section 19a or 19c of chapter XIIA of the probate code of 1939, MCL
712A.19a and 712A.19c, section 5204, 5205, or 5306 of the estates
and protected individuals code, 1998 PA 386, MCL 700.5204,
700.5205, and 700.5306, or sections 600 to 644 of the mental health
code, 1974 PA 258, MCL 330.1600 to 330.1644. Guardian may also
include a person appointed by a tribal court under tribal code or
custom. Guardian does not include a guardian ad litem.
Sec. 4.
(1) A The following conditions govern a governmental
unit
may unit's authority to fingerprint a child: if 1 or more of
the
following apply:
(a) A governmental unit may fingerprint a child if a parent or
guardian has given written authorization for the taking of the
fingerprints
for use in the future in case if
the child becomes a
runaway or a missing child. Only 1 set of prints shall be taken and
the fingerprint cards shall be given to the parent or guardian for
safekeeping. The fingerprints, written authorizations for
fingerprinting, or notice of their existence shall not be recorded,
stored, or kept in any manner by a police agency, except as
provided in this subdivision or except at the request of the parent
or
guardian if the child becomes a runaway or a missing child. When
If the child is located or the case is otherwise disposed of, the
fingerprint cards shall be returned to the parents or guardian.
(b)
Fingerprints are required to be taken pursuant to A
governmental unit shall fingerprint a child if required under
section
3 of Act No. 289 of the Public Acts of 1925, being section
1925
PA 289, MCL 28.243, of
the Michigan Compiled Laws, section 1
of
Act No. 120 of the Public Acts of 1935, being section 1935 PA
120,
MCL 28.271, of
the Michigan Compiled Laws, or section 724 of
Act
No. 258 of the Public Acts of 1974, being section the mental
health
code, 1974 PA 258, MCL 330.1724. of
the Michigan Compiled
Laws.
(c)
Fingerprints are A
governmental unit shall fingerprint a
child if fingerprinting is required by court order.
(d)
Fingerprints A
governmental unit may fingerprint a child
if fingerprints are voluntarily given with the written permission
of the child and parent or guardian, upon request of a law
enforcement officer, to aid in a specific criminal investigation.
Only 1 set of prints shall be taken and, upon completion of the
investigation, the law enforcement agency shall return the
fingerprint cards to the parent or guardian of the child.
(2) A parent or guardian of a child or youth with special
health care needs may submit a written request to a department-
approved entity to take the fingerprints and photograph of the
child or youth with special health care needs and add them to the
automated fingerprint identification system (AFIS) database and the
statewide network of agency photos maintained by the department. As
used in this subsection and subsections (5), (6), and (8), "parent"
means the natural or adoptive parent of a child or youth with
special health care needs who has either or both sole or joint
legal or physical custody of the child if a court order dictating
custody is in place, or the natural or adoptive parent of a child
or youth with special health care needs if there is no court order
dictating custody in place.
(3) A written request made under subsection (2) shall be made
on a form posted on the department's website. Along with the form,
the department shall provide a list of department-approved entities
on the department's website.
(4) The department may charge a fee sufficient to reimburse
the department for the costs associated with processing a request
under subsection (2).
(5) At the time a child or youth with special health care
needs is presented at a department-approved entity to have his or
her fingerprints and photograph taken, the department-approved
entity taking the fingerprints and photograph shall require the
parent or guardian presenting the child or youth with special
health care needs to execute a signed waiver allowing the child's
fingerprints and digital image to be colleted.
(6) At the time a child or youth with special health care
needs is presented at a department-approved entity to have his or
her fingerprints and photograph taken, the department-approved
entity taking fingerprints and photograph shall require the parent
or guardian presenting the child or youth with special health care
needs to remit the fee described in subsection (4). The department-
approved entity shall forward the fee collected under this
subsection to the department in the manner the department
prescribes.
(7) The department shall forward the fingerprints and
photographs taken under this section to the director of the Federal
Bureau of Investigation on forms furnished by or in a manner
prescribed by the director for registration, storage, and use for
identification purposes by the Federal Bureau of Investigation.
(8) A parent or guardian may make a written request to the
department to have the fingerprints and photograph of a child or
youth with special health care needs taken under this section
removed from the automated fingerprint identification system (AFIS)
database and the statewide network of agency photos. The department
shall remove the fingerprints and photograph of a child or youth
with special health care needs taken under this section from the
automated fingerprint identification system (AFIS) database and the
statewide network of agency photos upon receipt of a written
request made by a parent or guardian under this subsection.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
