Bill Text: MN HF921 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Targeted misdemeanor clarified to include no contact order misdemeanor violations for the purpose of requiring fingerprinting.
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2011-04-18 - HF indefinitely postponed [HF921 Detail]
Download: Minnesota-2011-HF921-Introduced.html
1.2relating to crime; clarifying targeted misdemeanors to include no contact order
1.3misdemeanor violations for the purpose of requiring fingerprinting;amending
1.4Minnesota Statutes 2010, section 299C.10, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 299C.10, subdivision 1, is amended to read:
1.7 Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
1.8community corrections agencies operating secure juvenile detention facilities shall take
1.9or cause to be taken immediately finger and thumb prints, photographs, distinctive
1.10physical mark identification data, information on any known aliases or street names, and
1.11other identification data requested or required by the superintendent of the bureau, of
1.12the following:
1.13(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
1.14gross misdemeanor, or targeted misdemeanor;
1.15(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
1.16for, or alleged to have committed felonies or gross misdemeanors as distinguished from
1.17those committed by adult offenders;
1.18(3) adults and juveniles admitted to jails or detention facilities;
1.19(4) persons reasonably believed by the arresting officer to be fugitives from justice;
1.20(5) persons in whose possession, when arrested, are found concealed firearms or
1.21other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
1.22machines, or appliances usable for an unlawful purpose and reasonably believed by the
1.23arresting officer to be intended for such purposes;
2.1(6) juveniles referred by a law enforcement agency to a diversion program for a
2.2felony or gross misdemeanor offense; and
2.3(7) persons currently involved in the criminal justice process, on probation, on
2.4parole, or in custody for the offenses in suspense whom the superintendent of the bureau
2.5identifies as being the subject of a court disposition record which cannot be linked to an
2.6arrest record, and whose fingerprints are necessary in order to maintain and ensure the
2.7accuracy of the bureau's criminal history files, to reduce the number of suspense files, or to
2.8comply with the mandates of section299C.111 , relating to the reduction of the number
2.9of suspense files. This duty to obtain fingerprints for the offenses in suspense at the
2.10request of the bureau shall include the requirement that fingerprints be taken in post-arrest
2.11interviews, while making court appearances, while in custody, or while on any form of
2.12probation, diversion, or supervised release.
2.13(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
2.14the fingerprint records and other identification data specified under paragraph (a) must
2.15be forwarded to the bureau on such forms and in such manner as may be prescribed by
2.16the superintendent.
2.17(c) Prosecutors, courts, and probation officers and their agents, employees, and
2.18subordinates shall attempt to ensure that the required identification data is taken on a
2.19person described in paragraph (a). Law enforcement may take fingerprints of an individual
2.20who is presently on probation.
2.21(d) Finger and thumb prints must be obtained no later than:
2.22(1) release from booking; or
2.23(2) if not booked prior to acceptance of a plea of guilty or not guilty.
2.24Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
2.25prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
2.26and thumb prints have not been successfully received by the bureau, an individual may,
2.27upon order of the court, be taken into custody for no more than eight hours so that the
2.28taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
2.29this time period may be extended upon a showing that additional time in custody is
2.30essential for the successful taking of prints.
2.31(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
2.32of section169A.20 (driving while impaired),
518B.01 (order for protection violation),
2.33609.224
(fifth-degree assault),
609.2242 (domestic assault),
609.746 (interference with
2.34privacy),609.748 (harassment or restraining order violation), or
617.23 (indecent
2.35exposure), or 629.75 (domestic abuse no contact order).
3.1EFFECTIVE DATE.This section is effective August 1, 2011, for crimes committed
3.2on or after that date.
1.3misdemeanor violations for the purpose of requiring fingerprinting;amending
1.4Minnesota Statutes 2010, section 299C.10, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 299C.10, subdivision 1, is amended to read:
1.7 Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
1.8community corrections agencies operating secure juvenile detention facilities shall take
1.9or cause to be taken immediately finger and thumb prints, photographs, distinctive
1.10physical mark identification data, information on any known aliases or street names, and
1.11other identification data requested or required by the superintendent of the bureau, of
1.12the following:
1.13(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
1.14gross misdemeanor, or targeted misdemeanor;
1.15(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
1.16for, or alleged to have committed felonies or gross misdemeanors as distinguished from
1.17those committed by adult offenders;
1.18(3) adults and juveniles admitted to jails or detention facilities;
1.19(4) persons reasonably believed by the arresting officer to be fugitives from justice;
1.20(5) persons in whose possession, when arrested, are found concealed firearms or
1.21other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
1.22machines, or appliances usable for an unlawful purpose and reasonably believed by the
1.23arresting officer to be intended for such purposes;
2.1(6) juveniles referred by a law enforcement agency to a diversion program for a
2.2felony or gross misdemeanor offense; and
2.3(7) persons currently involved in the criminal justice process, on probation, on
2.4parole, or in custody for the offenses in suspense whom the superintendent of the bureau
2.5identifies as being the subject of a court disposition record which cannot be linked to an
2.6arrest record, and whose fingerprints are necessary in order to maintain and ensure the
2.7accuracy of the bureau's criminal history files, to reduce the number of suspense files, or to
2.8comply with the mandates of section
2.9of suspense files. This duty to obtain fingerprints for the offenses in suspense at the
2.10request of the bureau shall include the requirement that fingerprints be taken in post-arrest
2.11interviews, while making court appearances, while in custody, or while on any form of
2.12probation, diversion, or supervised release.
2.13(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
2.14the fingerprint records and other identification data specified under paragraph (a) must
2.15be forwarded to the bureau on such forms and in such manner as may be prescribed by
2.16the superintendent.
2.17(c) Prosecutors, courts, and probation officers and their agents, employees, and
2.18subordinates shall attempt to ensure that the required identification data is taken on a
2.19person described in paragraph (a). Law enforcement may take fingerprints of an individual
2.20who is presently on probation.
2.21(d) Finger and thumb prints must be obtained no later than:
2.22(1) release from booking; or
2.23(2) if not booked prior to acceptance of a plea of guilty or not guilty.
2.24Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
2.25prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
2.26and thumb prints have not been successfully received by the bureau, an individual may,
2.27upon order of the court, be taken into custody for no more than eight hours so that the
2.28taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
2.29this time period may be extended upon a showing that additional time in custody is
2.30essential for the successful taking of prints.
2.31(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
2.32of section
2.34privacy),
2.35exposure), or 629.75 (domestic abuse no contact order).
3.1EFFECTIVE DATE.This section is effective August 1, 2011, for crimes committed
3.2on or after that date.
