§ 25 §1542-A — Appointment

1.
Duty to take fingerprints.
The law enforcement agency designated in subsection 3 shall take the fingerprints of any person:
2.
Palm prints, footprints and photographs.
Whenever fingerprints are to be taken pursuant to subsection 1, paragraph A, B or G, palm prints, footprints and photographs may also be taken. Whenever palm prints, footprints or photographs are ordered to be obtained pursuant to subsection 1, paragraph C, D or F or are sought pursuant to paragraph E, the palm prints, footprints or photographs must be taken.
3.
Duty to take fingerprints.
The duty to take fingerprints is imposed as follows.
4.
Duty to submit to State Bureau of Identification.
It is the duty of the law enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B and G to transmit immediately to the State Bureau of Identification the criminal fingerprint record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless an express request is made by the commanding officer of the State Bureau of Identification. Fingerprints taken pursuant to subsection 1, paragraph G must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Education. The bureau may not use the fingerprints for any purpose other than that provided for under Title 20‑A, section 6103. The bureau shall retain the fingerprints, except as provided under Title 20‑A, section 6103, subsection 9. Fingerprints taken pursuant to subsection 1, paragraph I and subsection 3, paragraph I must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the court and the Department of Public Safety, Gambling Control Board, respectively. Fingerprints taken pursuant to subsection 1, paragraph J or S must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Administrative and Financial Services. Fingerprints taken pursuant to subsection 1, paragraph P must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Board of Osteopathic Licensure, established in Title 32, chapter 36. Fingerprints taken pursuant to subsection 1, paragraph N must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Board of Licensure in Medicine, established in Title 32, chapter 48. Fingerprints taken pursuant to subsection 1, paragraph Q must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the State Board of Nursing, established in Title 32, chapter 31. Fingerprints taken pursuant to subsection 1, paragraph O must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks under Title 28‑B, section 204. Fingerprints taken pursuant to subsection 1, paragraph R, T or W must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Health and Human Services. Fingerprints taken pursuant to subsection 1, paragraph V must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Office of the State Auditor.
4-A.
Duty to submit fingerprints to State Bureau of Identification; affected persons under Title 26, section 1085.
Fingerprints taken pursuant to subsection 1, paragraph U must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Labor.
5.
Right to take fingerprints.
A law enforcement officer designated in subsection 7 may take the fingerprints of any person:
6.
Palm prints, footprints and photographs.
Whenever fingerprints are taken pursuant to subsection 5, paragraph B or C, palm prints, footprints and photographs may also be taken. In addition, palm prints, footprints or photographs may also be taken for any law enforcement purpose when a person voluntarily submits to them.
7.
Upon whom the right to take fingerprints is given.
Any law enforcement officer may take or cause to be taken the fingerprints of any person named in subsection 5. Any corrections officer or the person in charge of a state correctional facility or county institution or facility may take or cause to be taken the fingerprints of any person named in subsection 5, paragraph C or D.
8.
Fingerprint record forms.
Fingerprints taken pursuant to subsection 1, paragraphs A, B as to a person arrested as a fugitive from justice and D and subsection 5, paragraphs B, C and D must be taken on a form furnished by the State Bureau of Identification, such form to be known as the Criminal Fingerprint Record. Fingerprints taken pursuant to subsection 1, paragraphs E, F and G must be taken on a form furnished by the bureau, such form to be known as the Noncriminal Fingerprint Record. Fingerprints taken pursuant to subsection 1, paragraphs B as to a person taken into custody for a juvenile crime pursuant to a uniform interstate compact on juveniles and H must be taken on a form furnished by the State Bureau of Identification, such form to be known as the Juvenile Crime Fingerprint Record. Fingerprints taken pursuant to subsection 1, paragraph C or F must be taken upon the form appropriate for that purpose.

Legislative History

PL 1987, c. 512, §3 (NEW). PL 1991, c. 548, §A22 (AMD). PL 1995, c. 65, §§A74,75 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1999, c. 110, §§4-9 (AMD). PL 1999, c. 260, §§B3-16 (AMD). PL 1999, c. 260, §B18 (AFF). PL 1999, c. 790, §A30 (AMD). PL 1999, c. 791, §7 (AMD). PL 2001, c. 52, §§4-8 (AMD). PL 2001, c. 667, §A44 (AMD). PL 2005, c. 457, §CC5 (AMD). PL 2005, c. 663, §§14,15 (AMD). PL 2013, c. 546, §§1-5 (AMD). PL 2015, c. 300, Pt. B, §§1-5 (AMD). PL 2015, c. 431, §45 (AMD). PL 2017, c. 204, §§3-5 (AMD). PL 2017, c. 253, §§1-4 (AMD). PL 2017, c. 258, Pt. B, §§1-4 (AMD). PL 2017, c. 402, Pt. C, §§77, 78 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2017, c. 409, Pt. B, §§11-13 (AMD). PL 2017, c. 452, §§25-27 (AMD). PL 2017, c. 457, §§10-16 (AMD). PL 2019, c. 343, Pt. G, §§1-10 (AMD). PL 2019, c. 399, §§2-7 (AMD). PL 2019, c. 402, §§2-7 (AMD). PL 2019, c. 416, §§2-8 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2019, c. 616, Pt. S, §§2, 3 (AMD). PL 2019, c. 621, Pt. E, §3 (AMD). PL 2019, c. 644, §§1-3 (AMD). PL 2021, c. 293, Pt. A, §§30-42 (AMD). PL 2021, c. 400, §§2, 3 (AMD). RR 2021, c. 1, Pt. A, §§24, 25 (COR). PL 2021, c. 676, Pt. A, §43 (AMD). PL 2021, c. 681, Pt. J, §§8, 9 (AMD). PL 2023, c. 506, §§1-4 (AMD). PL 2025, c. 316, §3 (REV). PL 2025, c. 366, §§1-14 (AMD).