Printable Format21-2501. Fingerprinting and palm printing of suspects; disposition of impressions. (a) It is hereby made the duty of every sheriff, police department or countywide law enforcement agency in the state, immediately to cause two sets of fingerprint impressions and one set of palm print impressions to be made of a person who is arrested if the person:
(1) Is wanted for the commission of a felony. On or after July 1, 1993, fingerprints and palm prints shall be taken if the person is wanted for the commission of a felony or a class A or B misdemeanor or assault as defined in K.S.A. 21-3408*, and amendments thereto, or a violation of a county resolution which would be the equivalent of a class A or B misdemeanor or assault as defined in K.S.A. 21-3408*, and amendments thereto, under state law;
(2) is believed to be a fugitive from justice;
(3) may be in the possession at the time of arrest of any goods or property reasonably believed to have been stolen by the person;
(4) is in possession of firearms or other concealed weapons, burglary tools, high explosives or other appliances believed to be used solely for criminal purposes;
(5) is wanted for any offense which involves sexual conduct prohibited by law or for violation of K.S.A. 21-5701 through 21-5717, and amendments thereto; or
(6) is suspected of being or known to be a habitual criminal or violator of the intoxicating liquor law.
(b) The court shall ensure, upon the offender's first appearance, or in any event before final disposition of a felony or an A or B misdemeanor or a violation of a county resolution which prohibits an act which is prohibited by a class A or B misdemeanor, that the offender has been processed, fingerprinted and palm printed.
(c) Impressions taken pursuant to this section shall be made on the forms provided by the department of justice of the United States or the Kansas bureau of investigation. The sheriff, police department or countywide law enforcement agency shall cause the impressions to be forwarded to the Kansas bureau of investigation at Topeka, Kansas, which shall forward one set of the impressions to the federal bureau of investigation, department of justice, at Washington, D.C. A comprehensive description of the person arrested and such other data and information as to the identification of such person as the department of justice and bureau of investigation require shall accompany the impressions.
(d) A sheriff, police department or countywide law enforcement agency may take and retain for its own use copies of such impressions of a person specified in subsection (a), together with a comprehensive description and such other data and information as necessary to properly identify such person.
(e) Except as provided in subsection (a)(1), this section shall not be construed to include violators of any county resolution or municipal ordinance.
History: L. 1931, ch. 178, § 1; L. 1959, ch. 165, § 1; L. 1969, ch. 183, § 1; L. 1979, ch. 90, § 1; L. 1984, ch. 115, § 4; L. 1992, ch. 239, § 32; L. 1993, ch. 291, § 15; L. 1994, ch. 291, § 20; L. 2007, ch. 145, § 1; L. 2009, ch. 32, § 23; July 1.
Revisor's Note:
* Certain statutes in chapter 21 were repealed effective July 1, 2011. The relevant statute in the Kansas criminal code in effect on July 1, 2011, is 21-5412(a).
Attorney General's Opinions:
County commissioners; control of expenditures. 80-69.
Identification and detection of crimes and criminals; officers to take fingerprints of suspected violators. 84-89.
Fingerprinting of suspects charged with certain municipal ordinance violations. 94-13.
Juveniles; collection of blood and saliva specimens; fingerprinting by KBI. 95-63.
CASE ANNOTATIONS
1. Fingerprint cards received hereunder admissible as business entries under K.S.A. 60-460. State v. Rives, 220 Kan. 141, 144, 551 P.2d 788.
2. Fingerprint card properly admitted into evidence; defendant's consent not required. State v. Hayden, 4 Kan. App. 2d 335, 339, 606 P.2d 115.
3. Fingerprint impressions retained by police department need no statutory requirement to qualify as business records. State v. Cunningham, 236 Kan. 842, 844, 695 P.2d 1280 (1985).
4. Whether prosecution based on defendant's refusal to submit to fingerprinting violated due process examined. Fillmore v. Ordonez, 829 F. Supp. 1544, 1560 (1993).
5. Cited; whether jury trial request must be made within seven days of case assignment or trial setting; "trial assignment" construed. State v. Bell, 20 Kan. App. 2d 193, 199, 884 P.2d 1164 (1994).
6. Trial court consideration of defendant's similar prior arrests to support probable cause to issue search warrant upheld. State v. Ruff, 266 Kan. 27, 38, 967 P.2d 742 (1998).