2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.148 - FINGERPRINTS -- PHOTOGRAPHS.

        232.148  FINGERPRINTS -- PHOTOGRAPHS.
         1.  Except as provided in this section, a child shall not be
      fingerprinted or photographed by a criminal or juvenile justice
      agency after the child is taken into custody.
         2.  Fingerprints of a child who has been taken into custody shall
      be taken and filed by a criminal or juvenile justice agency
      investigating the commission of a public offense other than a simple
      misdemeanor.  In addition, photographs of a child who has been taken
      into custody may be taken and filed by a criminal or juvenile justice
      agency investigating the commission of a public offense other than a
      simple misdemeanor.  The criminal or juvenile justice agency shall
      forward the fingerprints to the department of public safety for
      inclusion in the automated fingerprint identification system and may
      also retain a copy of the fingerprint card for comparison with latent
      fingerprints and the identification of repeat offenders.
         3.  If a peace officer has reasonable grounds to believe that
      latent fingerprints found during the investigation of the commission
      of a public offense are those of a particular child, fingerprints of
      the child may be taken for immediate comparison with the latent
      fingerprints regardless of the nature of the offense.  If the
      comparison is negative the fingerprint card and other copies of the
      fingerprints taken shall be immediately destroyed.  If the comparison
      is positive, the fingerprint card and other copies of the
      fingerprints taken shall be delivered to the division of criminal
      investigation of the department of public safety in the manner and on
      the forms prescribed by the commissioner of public safety within two
      working days after the fingerprints are taken.  After notification by
      the child or the child's representative that the child has not had a
      delinquency petition filed against the child or has not entered into
      an informal adjustment agreement, the fingerprint card and copies of
      the fingerprints shall be immediately destroyed.
         4.  Fingerprint and photograph files of children may be inspected
      by peace officers when necessary for the discharge of their official
      duties.  The juvenile court may authorize other inspections of such
      files in individual cases upon a showing that inspection is necessary
      in the public interest.
         5.  Fingerprints and photographs of a child shall be removed from
      the file and destroyed upon notification by the child's guardian ad
      litem or legal counsel to the department of public safety that either
      of the following situations apply:
         a.  A petition alleging the child to be delinquent is not
      filed and the child has not entered into an informal adjustment,
      admitting involvement in a delinquent act alleged in the complaint.
         b.  After a petition is filed, the petition is dismissed or
      the proceedings are suspended and the child has not entered into a
      consent decree and has not been adjudicated delinquent on the basis
      of a delinquent act other than one alleged in the petition in
      question, or the child has not been placed on youthful offender
      status.  

         Section History: Early Form

         [C79, 81, § 232.148; 82 Acts, ch 1209, § 17] 

         Section History: Recent Form

         94 Acts, ch 1172, §25; 95 Acts, ch 67, § 17; 95 Acts, ch 191, §
      16, 17; 96 Acts, ch 1034, § 11; 97 Acts, ch 126, § 32, 33; 98 Acts,
      ch 1100, §26; 99 Acts, ch 37, §1
         Referred to in § 216A.136, 232.151, 232C.4, 692.15, 692A.121,
      726.23
         See also § 690.2, 690.4, and 726.23