SB-0036, As Passed Senate, February 9, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 36

 

 

January 18, 2017, Introduced by Senator JONES and referred to the Committee on Judiciary.

 

 

     A bill to amend 1985 PA 176, entitled

 

"Child identification and protection act,"

 

by amending sections 2 and 4 (MCL 722.772 and 722.774).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Child" means any person under 17 years of age.

 

     (b) "Child or youth with special health care needs" 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.

 

     (c) "Department" means the department of state police.

 

     (d) "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 a child or

youth with special health care needs under section 4.

 

     (e) (b) "Governmental unit" means the state or any political

 

subdivision of the state, an authorized representative of the state

 

or any political subdivision of the state, any school district,

 

intermediate school district, or an authorized representative of

 

any school district or intermediate school district.

 

     (f) "Guardian" means a person who has qualified as a guardian

 

of a minor or a child or youth with special health care needs 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.

 

     Sec. 4. (1) A The following conditions govern a governmental

 

unit may unit's authority to fingerprint a child: if 1 or more of

 

the following apply:

 

     (a) A governmental unit may fingerprint a child if a parent or

 

guardian has given written authorization for the taking of the

 

fingerprints for use in the future in case if the child becomes a

 

runaway or a missing child. Only 1 set of prints shall be taken and

 

the fingerprint cards shall be given to the parent or guardian for

 

safekeeping. The fingerprints, written authorizations for

 

fingerprinting, or notice of their existence shall not be recorded,

 

stored, or kept in any manner by a police agency, except as

provided in this subdivision or except at the request of the parent

 

or guardian if the child becomes a runaway or a missing child. When

 

If the child is located or the case is otherwise disposed of, the

 

fingerprint cards shall be returned to the parents or guardian.

 

     (b) Fingerprints are required to be taken pursuant to A

 

governmental unit shall fingerprint a child if required under

 

section 3 of Act No. 289 of the Public Acts of 1925, being section

 

1925 PA 289, MCL 28.243, of the Michigan Compiled Laws, section 1

 

of Act No. 120 of the Public Acts of 1935, being section 1935 PA

 

120, MCL 28.271, of the Michigan Compiled Laws, or section 724 of

 

Act No. 258 of the Public Acts of 1974, being section the mental

 

health code, 1974 PA 258, MCL 330.1724. of the Michigan Compiled

 

Laws.

 

     (c) Fingerprints are A governmental unit shall fingerprint a

 

child if fingerprinting is required by court order.

 

     (d) Fingerprints A governmental unit may fingerprint a child

 

if fingerprints are voluntarily given with the written permission

 

of the child and parent or guardian, upon request of a law

 

enforcement officer, to aid in a specific criminal investigation.

 

Only 1 set of prints shall be taken and, upon completion of the

 

investigation, the law enforcement agency shall return the

 

fingerprint cards to the parent or guardian of the child.

 

     (2) A parent or guardian of a child or youth with special

 

health care needs may submit a written request to a department-

 

approved entity to take the fingerprints and photograph of the

 

child or youth 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. As

 

used in this subsection and subsections (5), (6), and (8), "parent"

 

means the natural or adoptive parent of a child or youth 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 a child

 

or youth with special health care needs if there is no court order

 

dictating custody in place.

 

     (3) A written request made under subsection (2) shall 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.

 

     (4) The department may charge a fee sufficient to reimburse

 

the department for the costs associated with processing a request

 

under subsection (2).

 

     (5) At the time a child or youth 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 child or youth with special

 

health care needs to execute a signed waiver allowing the child's

 

fingerprints and digital image to be collected.

 

     (6) At the time a child or youth 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 fingerprints and photograph shall require the parent

 

or guardian presenting the child or youth with special health care

needs to remit the fee described in subsection (4). The department-

 

approved entity shall forward the fee collected under this

 

subsection to the department in the manner the department

 

prescribes.

 

     (7) 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.

 

     (8) A parent or guardian may make a written request to the

 

department to have the fingerprints and photograph of a child or

 

youth 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 a child or youth

 

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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.