SB-0038, As Passed House, April 19, 2017
SB-0038, As Passed Senate, February 9, 2017
January 18, 2017, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1935 PA 120, entitled
"An act to prescribe a method for the fingerprinting of residents
of the state; to provide for the recording and filing of the
fingerprints by the central records division of the department of
state police; and to impose a fee,"
by amending section 1 (MCL 28.271), as amended by 1985 PA 175, and
by adding section 4.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. Except as provided in section 4 of the child
identification
and protection act, when 1985
PA 176, MCL 722.774,
if a resident of this state appears before any sheriff or police
agency
for the county in which he or she resides , and requests an
impression of his or her fingerprints, the agency shall comply with
the request and make at least 2 copies of the impression, 1 for the
files of the local police and the other to be forwarded to the
central records division of the department of state police.
Sec. 4. (1) A parent or guardian of an individual with special
health care needs may submit a written request to a department-
approved entity to take the fingerprints and photograph of the
individual with special health care needs and add them to the
automated fingerprint identification system (AFIS) database and the
statewide network of agency photos maintained by the department.
(2) A written request made under subsection (1) must be made
on a form posted on the department's website. Along with the form,
the department shall provide a list of department-approved entities
on the department's website.
(3) The department may charge a fee sufficient to reimburse
the department for the costs associated with processing a request
under subsection (1).
(4) At the time an individual with special health care needs
is presented at a department-approved entity to have his or her
fingerprints and photograph taken, the department-approved entity
taking the fingerprints and photograph shall require the parent or
guardian presenting the individual with special health care needs
to execute a signed waiver allowing the individual's fingerprints
and photograph to be collected.
(5) At the time an individual with special health care needs
is presented at a department-approved entity to have his or her
fingerprints and photograph taken, the department-approved entity
taking the fingerprints and photograph shall require the parent or
guardian presenting the individual with special health care needs
to remit the fee described in subsection (3). The department-
approved entity shall forward the fee collected under this
subsection to the department in the manner the department
prescribes.
(6) The department shall forward the fingerprints and
photographs taken under this section to the director of the Federal
Bureau of Investigation on forms furnished by or in a manner
prescribed by the director for registration, storage, and use for
identification purposes by the Federal Bureau of Investigation.
(7) A parent or guardian may make a written request to the
department to have the fingerprints and photograph of an individual
with special health care needs taken under this section removed
from the automated fingerprint identification system (AFIS)
database and the statewide network of agency photos. The department
shall remove the fingerprints and photograph of an individual with
special health care needs taken under this section from the
automated fingerprint identification system (AFIS) database and the
statewide network of agency photos upon receipt of a written
request made by a parent or guardian under this subsection.
(8) As used in this section:
(a) "Department" means the department of state police.
(b) "Department-approved entity" means an entity, including a
local law enforcement agency or a private company, approved by the
department to take the fingerprints and photograph of an individual
with special health care needs as provided in this section.
(c) "Guardian" means a person who has qualified as a guardian
of a minor or a legally incapacitated individual under a parental
or spousal nomination or a court order issued under section 19a or
19c of chapter XIIA of the probate code of 1939, MCL 712A.19a and
712A.19c, section 5204, 5205, or 5306 of the estates and protected
individuals code, 1998 PA 386, MCL 700.5204, 700.5205, and
700.5306, or sections 600 to 644 of the mental health code, 1974 PA
258, MCL 330.1600 to 330.1644. Guardian may also include a person
appointed by a tribal court under tribal code or custom. Guardian
does not include a guardian ad litem.
(d) "Individual with special health care needs" 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.
(e) "Parent" means the natural or adoptive parent of an
individual with special health care needs 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.