2008 House Bill 1196 - Introduced

State of South Dakota  

607P0576   HOUSE BILL   NO.   1196  

Introduced by:     Representatives Cutler, Faehn, Gillespie, Halverson, Novstrup (David), Rave, Turbiville, and Vanneman and Senators Abdallah, Dempster, Garnos, Heidepriem, Knudson, McCracken, and Turbak Berry

         FOR AN ACT ENTITLED, An Act to  allow the fingerprinting of children for certain criminal offenses.
     Section 1.  That § 23-5-4 be amended to read as follows:
     23-5-4.   The sheriffs, chiefs of police, marshals of the municipalities, and any other law enforcement officers and peace officers of the state, immediately upon the arrest of any person for a felony or misdemeanor, or the taking into custody, or first court appearance, of any child for a criminal offense that would be a felony if committed by an adult, exclusive of those exceptions set forth in § 23-5-1, shall take such person's fingerprints according to the fingerprint system of identification established by the Division of Criminal Investigation, on forms furnished by the division and shall forward the fingerprints together with other descriptions as may be required with a history of the offense alleged to have been committed, to the division for classification and filing. However, in the case of a Class 2 misdemeanor, exclusive of those exceptions set forth in § 23-5-1, if the arresting officer reasonably believes that the person

arrested does not present a danger to self or others and will appear in response to a summons, the arresting officer may, without complying with the provisions of this section, release the person arrested with a summons to appear; and the person arrested shall present himself or herself to the law enforcement agency issuing the summons for fingerprinting prior to the initial court appearance. Any person who fails to appear for fingerprinting in compliance with this section shall be proceeded against by warrant. A copy of the fingerprints of the person arrested or detained , shall be transmitted forthwith by the arresting officer agency to the Division of Criminal Investigation. The Division of Criminal Investigation shall transmit a copy of the fingerprints to the Federal Bureau of Investigation in Washington, D.C .

     Any officer required by this section to take and report fingerprint records, who fails to take and report the records required by this section, is guilty of a Class 2 misdemeanor.
     Section 2.  That § 26-7A-27 be amended to read as follows:
     26-7A-27.   The records of law enforcement officers and agencies concerning all children taken into temporary custody or issued a summons or citation under this chapter or chapter 26- 8A, 26-8B, or 26-8C , except for fingerprint records obtained pursuant to §  23-5-4, shall be maintained separately from the records of arrest and any other records regarding detention of adult persons. The records concerning children, including their names, may not be inspected by or disclosed to the public except:
             (1)      By order of the court;
             (2)      If the court orders the child to be held for criminal proceedings, as provided in chapter 26-11;
             (3)      If there has been a criminal conviction and a presentence investigation is being made on an application for probation; or
             (4)      Any child or the child's parent or guardian may authorize the release of records to

representatives of the United States Military for the purpose of enlistment into the military service ; or

             (5)    If the hearing is an open hearing under §  26-7A-36 .
     Section 3.  That § 26-7A-28 be amended to read as follows:
     26-7A-28.   No fingerprint, photograph, name, address, or other information concerning the identity of any child taken into temporary custody or issued a summons under this chapter or chapter 26-8A, 26-8B, or 26-8C may be released or transmitted to the Federal Bureau of Investigation or any other person or agency except in the following instances:
             (1)      To the person or party specifically authorized by order of the court; and
             (2)      To courts, law enforcement agencies, prosecuting attorneys, court services officers, and the Department of Social Services if the child is an adjudicated delinquent offender.
     Information regarding an alleged, apparent, or adjudicated abused or neglected child may be released only in accordance with § 26-8A-13.

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