SB-0383, As Passed House, June 20, 2017

SB-0383, As Passed Senate, June 6, 2017

SUBSTITUTE FOR

SENATE BILL NO. 383

A bill to amend 1985 PA 176, entitled

"Child identification and protection act,"

by amending section 4 (MCL 722.774), as amended by 2017 PA 24.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4. (1) ~~The~~ Except for fingerprints taken from a child or

youth with special health care needs under the process provided for

in subsection (2), the following conditions govern a governmental

unit's authority to fingerprint a child:

(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 if the child becomes a runaway

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

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

safekeeping. The fingerprints, written authorizations for

fingerprinting, or notice of their existence ~~shall~~ must 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. If the child is located or the case is otherwise disposed

of, the fingerprint cards ~~shall~~ must be returned to the parents or

guardian.

(b) A governmental unit shall fingerprint a child if required

under section 3 of 1925 PA 289, MCL 28.243, section 1 of 1935 PA

120, MCL 28.271, or section 724 of the mental health code, 1974 PA

258, MCL 330.1724.

fingerprinting is required by court order.

(d) 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~~ 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.

(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 under subsection (2), 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 under subsection (2), 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~~ subsection (2) 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~~

subsection (2) 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~~ subsection (2) 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 August 2,

2017.