Sec. B-1. 25 MRSA §1541, sub-§4, as enacted by PL 1975, c. 763, §4, is amended to read:
4. Rules and regulations. The commanding officer shall make and forward to all persons charged with any duty or responsibility under this section and sections 1542 1542-A, 1544, 1547 and 1549; rules, regulations and forms for the taking, filing, preserving and distributing of fingerprints and other juvenile crime and criminal history record information as provided in this chapter. Before becoming effective, such rules, regulations and forms are to be approved by the Attorney General.
Sec. B-2. 25 MRSA §1541, sub-§4-A, as amended by PL 1995, c. 65, Pt. A, §73 and affected by §153 and Pt. C, §15, is repealed and the following enacted in its place:
4-A. Responsibility for the collection and maintenance of criminal history record information and juvenile crime information. The commanding officer shall collect and maintain:
A. Fingerprints and other criminal history record information pertinent to the identification of individuals who have been arrested as fugitives from justice or who have been arrested or charged with any criminal offense under the laws of this State except a violation of Title 12 or 29-A that is a Class D or E crime other than an alcohol-related or drug-related offense. For purposes of this paragraph, an "alcohol-related or drug-related offense" is a Class D crime that involves hunting while under the influence of intoxicating liquor or drugs or with an excessive blood-alcohol level or the operation or attempted operation of a motorcraft, all-terrain vehicle, snowmobile or motor vehicle while under the influence of intoxicating liquor or drugs or with an excessive blood-alcohol level. The commanding officer may collect and maintain fingerprints and other criminal history record information that may be related to other criminal offenses or to the performance of the commanding officer's obligations under state laws and under agreements with agencies of the United States or any other jurisdiction; and
B. Fingerprints and other juvenile crime information pertinent to the identification of individuals who have been taken into custody for juvenile crimes under a uniform interstate compact on juveniles or who have been arrested or charged with juvenile crimes under the laws of this State. The commanding officer may collect and maintain fingerprints and other juvenile crime information that may be related to other juvenile crimes or to the performance of the commanding officer's obligations under state laws and under agreements with agencies of the United States or any other jurisdiction.
Sec. B-3. 25 MRSA §1542-A, sub-§1, ¶A, as amended by PL 1995, c. 65, Pt. A, §74 and affected by §153 and Pt. C, §15, is further amended to read:
A. Charged with the commission of a criminal offense other than a crime found in Title 12 or 29-A except a violation of Title 12 or 29-A that is a Class D or E crime other than an alcohol-related or drug-related offense, as defined in section 1541, subsection 4-A, paragraph A;
Sec. B-4. 25 MRSA §1542-A, sub-§1, ¶B, as enacted by PL 1987, c. 512, §3, is amended to read:
B. Arrested as a fugitive from justice or taken into custody for a juvenile crime pursuant to a uniform interstate compact on juveniles;
Sec. B-5. 25 MRSA §1542-A, sub-§1, ¶E, as amended by PL 1991, c. 548, Pt. A, §22, is further amended to read:
E. Who dies under circumstances of death constituting a medical examiner case under Title 22, section 3025, if sought pursuant to Title 22, section 3028, subsection 3, or at the request of the Chief Medical Examiner or the Attorney General; or
Sec. B-6. 25 MRSA §1542-A, sub-§1, ¶F, as amended by PL 1999, c. 110, §5, is further amended to read:
F. Whose fingerprints have been ordered by a court; or
Sec. B-7. 25 MRSA §1542-A, sub-§1, ¶G, as enacted by PL 1999, c. 110, §6, is amended to read:
G. Who is a teacher or educational personnel applicant subject to Title 20-A, section 6103.; or
Sec. B-8. 25 MRSA §1542-A, sub-§1, ¶H is enacted to read:
H. Charged with the commission of a juvenile crime.
Sec. B-9. 25 MRSA §1542-A, sub-§2, as enacted by PL 1987, c. 512, §3, is amended to read:
2. Palm prints, footprints and photographs. Whenever fingerprints are to be taken pursuant to subsection 1, paragraph A or, 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 shall must be taken.
Sec. B-10. 25 MRSA §1542-A, sub-§3, ¶B, as enacted by PL 1987, c. 512, §3, is amended to read:
B. The law enforcement agency which that arrests a fugitive from justice or takes a person into custody for a juvenile crime pursuant to a uniform interstate compact on juveniles shall take or cause to be taken the fingerprints of that person.
Sec. B-11. 25 MRSA §1542-A, sub-§3, ¶G is enacted to read:
G. The law enforcement agency that has primary responsibility for the investigation and prosecution of the juvenile offense shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph H. If the juvenile is arrested, fingerprints must be taken prior to that person's being released from custody. If a juvenile court proceeding is commenced against a person without a juvenile arrest having been made, fingerprints must be taken within 5 days of the filing of the petition at a time and place specified by the responsible agency after consulting with the juvenile caseworker. The juvenile shall appear at the specified time and place and shall submit to the process.
Sec. B-12. 25 MRSA §1542-A, sub-§4, as amended by PL 1999, c. 110, §8, is further amended to read:
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 and, B and G to transmit forthwith 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 forthwith 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 shall retain the fingerprints, except as provided under Title 20-A, section 6103, subsection 9.
Sec. B-13. 25 MRSA §1542-A, sub-§5, ¶A, as enacted by PL 1987, c. 512, §3, is repealed.
Sec. B-14. 25 MRSA §1542-A, sub-§5, ¶B, as amended by PL 1995, c. 65, Pt. A, §75 and affected by §153 and Pt. C, §15, is further amended to read:
B. Charged with the commission of a criminal offense found in Title 12 or 29-A that is a Class D or E crime but is not an alcohol-related or drug-related offense as defined in section 1541, subsection 4-A, paragraph A;
Sec. B-15. 25 MRSA §1542-A, sub-§6, as enacted by PL 1987, c. 512, §3, is amended to read:
6. Palm prints, footprints and photographs. Whenever fingerprints are taken pursuant to subsection 5, paragraph A, 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.
Sec. B-16. 25 MRSA §1542-A, sub-§8, as amended by PL 1999, c. 110, §9, is further amended to read:
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 5, paragraph A 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, paragraphs paragraph C or F must be taken upon the form appropriate for that purpose.
Sec. B-17. 25 MRSA §1547, as amended by PL 1995, c. 65, Pt. A, §76 and affected by §153 and Pt. C, §15, is repealed and the following enacted in its place:
§1547. Courts to submit juvenile and criminal records to the State Bureau of Identification
At the conclusion of a juvenile court proceeding or at the conclusion of a prosecution for a criminal offense except a violation of Title 12 or Title 29-A that is a Class D or E crime other than a Class D crime that involves hunting while under the influence of intoxicating liquor or drugs or with an excessive blood-alcohol level or the operation or attempted operation of a watercraft, all-terrain vehicle, snowmobile or motor vehicle while under the influence of intoxicating liquor or drugs or with an excessive blood-alcohol level, the court shall transmit to the State Bureau of Identification an abstract duly authorized on forms provided by the bureau.
Sec. B-18. Effective date. This Act takes effect September 1, 2000.
Effective September 1, 2000.
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