This text of Iowa § 232.148 (Fingerprints — photographs) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Except as provided in this section, a child shall not be fingerprinted or photographed
by a criminal or juvenile justice agency after the child is taken into custody.
2.Fingerprints of a child who has been taken into custody shall be taken and filed by
a criminal or juvenile justice agency investigating the commission of a public offense other
than a simple misdemeanor. In addition, photographs of a child who has been taken into
custody may be taken and filed by a criminal or juvenile justice agency investigating the
commission of a public offense other than a simple misdemeanor. The criminal or juvenile
justiceagencyshallforwardthefingerprintstothedepartmentofpublicsafetyforinclusionin
the automated fingerprint identification system and may also retain a copy of the fingerprint
card f
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1. Except as provided in this section, a child shall not be fingerprinted or photographed
by a criminal or juvenile justice agency after the child is taken into custody.
2. Fingerprints of a child who has been taken into custody shall be taken and filed by
a criminal or juvenile justice agency investigating the commission of a public offense other
than a simple misdemeanor. In addition, photographs of a child who has been taken into
custody may be taken and filed by a criminal or juvenile justice agency investigating the
commission of a public offense other than a simple misdemeanor. The criminal or juvenile
justiceagencyshallforwardthefingerprintstothedepartmentofpublicsafetyforinclusionin
the automated fingerprint identification system and may also retain a copy of the fingerprint
card for comparison with latent fingerprints and the identification of repeat offenders.
3. If a peace officer has reasonable grounds to believe that latent fingerprints found
during the investigation of the commission of a public offense are those of a particular child,
fingerprints of the child may be taken for immediate comparison with the latent fingerprints
regardless of the nature of the offense. If the comparison is negative the fingerprint card
and other copies of the fingerprints taken shall be immediately destroyed. If the comparison
is positive, the fingerprint card and other copies of the fingerprints taken shall be delivered
to the division of criminal investigation of the department of public safety in the manner
and on the forms prescribed by the commissioner of public safety within two working days
after the fingerprints are taken. After notification by the child or the child’s representative
that the child has not had a delinquency petition filed against the child or has not entered
into an informal adjustment agreement, the fingerprint card and copies of the fingerprints
shall be immediately destroyed.
4. Fingerprint and photograph files of children may be inspected by peace officers when
necessary for the discharge of their official duties. The juvenile court may authorize other
inspections of such files in individual cases upon a showing that inspection is necessary in
the public interest.
5. Fingerprints and photographs of a child shall be removed from the file and destroyed
upon notification by the child’s guardian ad litem or legal counsel to the department of public
safety that either of the following situations apply:
a. A petition alleging the child to be delinquent is not filed and the child has not entered
into an informal adjustment, admitting involvement in a delinquent act alleged in the
complaint.
b. After a petition is filed, the petition is dismissed or the proceedings are suspended and
the child has not entered into a consent decree and has not been adjudicated delinquent on
the basis of a delinquent act other than one alleged in the petition in question, or the child
has not been placed on youthful offender status.