FINGERPRINTING AND PHOTOGRAPHING
CHILDREN/YOUTH OR INDIVIDUALS
WITH SPECIAL HEALTH CARE NEEDS
House Bill 4137 as introduced
Sponsor: Rep. Ben Frederick
House Committee: Judiciary
Senate Bill 38 as passed by the Senate
Sponsor: Sen. Rick Jones
Senate Committee: Judiciary
House Committee: Judiciary
Complete to 2-27-17
SUMMARY:
House Bill 4137 expands the current Child Identification and Protection Act (CIPA) to allow a parent or guardian of a child or youth with special health care needs to volunteer the child's or youth's fingerprints and photograph to the Department of State Police, or an MSP-approved entity, for the purpose of distribution if that child or youth becomes missing or a runaway. House Bill 4137 is identical to Senate Bill 36, which has been passed by the Senate.
Senate Bill 38 expands Public Act 120 of 1935 and includes provisions identical to those found in House Bill 4127 to apply to an individual with special health care needs. This bill was passed by the Senate on February 9, 2017.
"Child or youth with special health care needs" (in HB 4147) means a single or married individual under 21 years of age whose activity is or may become so restricted by disease or specified medical condition as to reduce the individual's normal capacity for education and self-support. "Individual with special health care needs" (in SB 38) means a single or married individual whose activity is or may become so restricted by disease or specified medical condition as to reduce the individual's normal capacity for education and self-support.
Fingerprinting and Photo Identification Process
The bills would require the creation of an online written request form on the Department of State Police website that a parent or guardian of a child or youth with special health care needs (HB 4137), or a parent or guardian of an individual with special health care needs (SB 38) could use to request a MSP-approved entity to fingerprint and digitally photography the child or youth, or individual. The fingerprints and photo would then be added to the Automated Fingerprint Identification System (AFIS) and the statewide network of agency photos maintained by the department.
Along with the posted form on the department's website, a list of department-approved entities must also be available. The department may charge a fee to cover the costs associated with processing the request, but the bill does not provide an amount that can be charged. The session would take place at the department, or an entity approved by the department, and the processing fee and a signed waiver are due at this session.
After Fingerprinting and Photo Identification
Once the fingerprints and digital photo are collected, the department must forward them to the Director of the Federal Bureau of Investigation (FBI) for registration, storage, and use for identification purposes by the FBI.
A parent or guardian may make a written request to the state police to have the fingerprints and photo removed from the AFIS database and the statewide network of agency photos. Upon receipt of this request, the MSP must remove the fingerprints and photo from the AFIS database and the statewide network of agency photos.
Background and Definitions
In addition to those already cited, the bills would add the following new definitions to be used in their new sections.
· "Department-approved entity" means an entity, including a local law enforcement agency or a private company, approved by the Department of State Police to take the fingerprints and photograph of a child or youth with special health care needs under section 4.
· "Guardian" means a person who has qualified as a guardian [. . .] under a parental or spousal nomination or a court order issued under the Probate Code, or the Estates and Protected Individuals Code, or the Mental Health Code. Guardian may also include a person appointed by a Tribal Court under tribal code or custom. Guardian does not include a guardian ad litem.
· "Parent" means the natural or adoptive parent [. . .] who has either or both sole or joint legal or physical custody of the child if a court order dictating custody is in place, or the natural or adoptive parent of an individual with special health care needs if there is no court order dictating custody in place.
These amendments will take effect 90 days after the date they are enacted into law.
MCL 722.772 et al. (HB 4137)
MCL 28.271 et al. (SB 38)
FISCAL IMPACT:
These bills would result in a minor, negative fiscal impact on the Department of State Police (MSP). The MSP reports that it would require a separate system for storing fingerprints and photographs collected under the provisions of these bills since this information cannot be comingled with criminal information. This would result in one-time programing costs of approximately $25,000. Approximately $3,200 in additional costs would be incurred annually to maintain the system. Fees paid by individuals providing fingerprint and photograph information would likely cover the costs of administering the program.
Legislative Analyst: Emily S. Smith
Fiscal Analyst: Kent Dell
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.