Arrests
State statute. 165.83 Criminal identification, records, and statistics. This section requires the Department of Justice to obtain and file fingerprints, descriptions, photographs and other available data on persons who have been arrested or taken into custody in this state.
• For an offense which is a felony.
• For an offense which is a misdemeanor or a violation of an ordinance involving:
• burglary tools
• commercial gambling
• dealing in gambling devices
• contributing to the delinquency of a child
• dealing in stolen property
• controlled substances under Chapter 961
• firearms
• dangerous weapons
• explosives
• pandering
• prostitution
• sex offenses where children are victims
• worthless checks
• For an offense charged as disorderly conduct but which relates to an act connected with one or more of the above listed offenses.
• As a fugitive from justice.
• For any other offense designated by the Attorney General; e.g., stalking and harassment.
State statute 165.84 Cooperation in criminal identification, records and statistics. This section requires law enforcement agencies to obtain fingerprints and photographs for the offense listed in 165.83, and the authority to submit fingerprints for other offenses at their discretion.
The fingerprint card is to be completed as an "arrest transaction" if the person whose fingerprints appear on the card is an individual who:
• has been arrested or taken into custody for a violation of a state law or local ordinance by the "contributing" agency, for having allegedly committed a violation in the jurisdiction of the "contributing" agency or
• has been arrested or taken into custody for a violation of a state law or local ordinance by an agency within the jurisdiction of the contributing agency; however, the "arresting" agency requests the "contributing" agency to submit the fingerprint card in behalf of the "arresting" agency. (This is not to be confused with the situation wherein the contributing/arresting agency has effected an arrest for another jurisdiction (warrant, CIB, NCIC hit, APBD, etc.) in this case the transaction becomes a "custody." See Custody Transactions.)
Domestic Abuse Arrests