Fingerprinting-Duties of the police
Section 160.10 of the NY State Criminal Procedure Law
Fingerprints are taken or can be taken under the following conditions:
1. Following an arrest....the arresting or other appropriate police officer or agency MUST take or cause to be taken fingerprints of the arrested person or defendant if an offense which is the subject of the arrest or which is charged in the accusatory instrument filed is:
a-A felony; or
b-A misdemeanor defined in the penal law; or
c-A misdemeanor defined outside the penal law which would constitute a felony if such person had a previous judgement of convection for a crime; or
d-Several loitering sections
2. In addition, a police officer ay take the fingerprints of an arrested individual when arrested for any offense to obtain a true identity.
3. Whenever fingerprints are requires to be taken the photograph and palmprints of the arrested person or defendant, as the case may be, MAY also be taken.
Section 160.20-Fingerprinting; forwarding of fingerprints. Upon the taking of fingerprints....the police officer or agency must without unnecessary delay forward two copies of such fingerprints to the Division of Criminal Justice Services.
The two agencies that require fingerprint cards are:
1.DCJS
2.FBI
3.Local copy optional (all police departments keep local copy.)
