Bill Text: MN SF2108 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Law enforcement fingerprinting requirements for any offense to eliminate a suspense record
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-02 - HF substituted on General Orders HF2160 [SF2108 Detail]
Download: Minnesota-2011-SF2108-Engrossed.html
1.2relating to public safety; permitting law enforcement to take fingerprints of an
1.3offender interacting with the criminal justice system for any offense to eliminate
1.4a suspense record;amending Minnesota Statutes 2011 Supplement, section
1.5299C.10, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2011 Supplement, section 299C.10, subdivision 1, is
1.8amended to read:
1.9 Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
1.10community corrections agencies operating secure juvenile detention facilities shall take
1.11or cause to be taken immediately finger and thumb prints, photographs, distinctive
1.12physical mark identification data, information on any known aliases or street names, and
1.13other identification data requested or required by the superintendent of the bureau, of
1.14the following:
1.15(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
1.16gross misdemeanor, or targeted misdemeanor;
1.17(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
1.18for, or alleged to have committed felonies or gross misdemeanors as distinguished from
1.19those committed by adult offenders;
1.20(3) adults and juveniles admitted to jails or detention facilities;
1.21(4) persons reasonably believed by the arresting officer to be fugitives from justice;
1.22(5) persons in whose possession, when arrested, are found concealed firearms or
1.23other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
1.24machines, or appliances usable for an unlawful purpose and reasonably believed by the
1.25arresting 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 forthe offenses in suspense any offense whom the superintendent of
2.5the bureau identifies as being the subject of a court disposition record which cannot be
2.6linked to an arrest record, and whose fingerprints are necessaryin order to maintain and
2.7ensure the accuracy of the bureau's criminal history files, to reduce the number of suspense
2.8files, or to comply with the mandates of section299C.111 , relating to the reduction of the
2.9number of suspense files. This duty to obtain fingerprints for the offenses in suspense
2.10at the request of the bureau shall include the requirement that fingerprints be taken in
2.11post-arrest interviews, while making court appearances, while in custody, or while on any
2.12form of probation, 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),
617.23 (indecent exposure),
2.35or629.75 (domestic abuse no contact order).
1.3offender interacting with the criminal justice system for any offense to eliminate
1.4a suspense record;amending Minnesota Statutes 2011 Supplement, section
1.5299C.10, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2011 Supplement, section 299C.10, subdivision 1, is
1.8amended to read:
1.9 Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
1.10community corrections agencies operating secure juvenile detention facilities shall take
1.11or cause to be taken immediately finger and thumb prints, photographs, distinctive
1.12physical mark identification data, information on any known aliases or street names, and
1.13other identification data requested or required by the superintendent of the bureau, of
1.14the following:
1.15(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
1.16gross misdemeanor, or targeted misdemeanor;
1.17(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
1.18for, or alleged to have committed felonies or gross misdemeanors as distinguished from
1.19those committed by adult offenders;
1.20(3) adults and juveniles admitted to jails or detention facilities;
1.21(4) persons reasonably believed by the arresting officer to be fugitives from justice;
1.22(5) persons in whose possession, when arrested, are found concealed firearms or
1.23other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
1.24machines, or appliances usable for an unlawful purpose and reasonably believed by the
1.25arresting 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
2.5the bureau identifies as being the subject of a court disposition record which cannot be
2.6linked to an arrest record, and whose fingerprints are necessary
2.7
2.8files, or to comply with the mandates of section
2.9number of suspense files. This duty to obtain fingerprints for the offenses in suspense
2.10at the request of the bureau shall include the requirement that fingerprints be taken in
2.11post-arrest interviews, while making court appearances, while in custody, or while on any
2.12form of probation, 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),
2.35or
