SENATE BILL No. 38

 

 

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.