21-2501. Fingerprinting and palm printing of suspects; disposition of impressions.
21-2501
21-2501. Fingerprinting and palm printing ofsuspects; disposition of impressions.(a) It is hereby made the duty of every sheriff, police department orcountywide law enforcement agency in the state, immediately to cause twosets of fingerprint impressions and one set of palm print impressions tobe made of a person who is arrested if theperson:
(1) Is wanted for the commission of a felony. On or after July 1, 1993,fingerprints and palm printsshall be taken if the person is wanted for the commission of a felony or aclass A or Bmisdemeanor or assault as defined in K.S.A. 21-3408 and amendments theretoor a violation of a county resolutionwhich would be the equivalent of a class A or B misdemeanor or assault asdefined 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 orproperty reasonably believed to have been stolen by the person;
(4) is in possession of firearms or other concealed weapons, burglarytools, high explosives or other appliances believed to be used solely forcriminal purposes;
(5) is wanted for any offense which involves sexual conduct prohibitedby law or for violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto; or
(6) is suspected of being or known to be a habitual criminal orviolator of the intoxicating liquor law.
(b) The court shall ensure, upon the offender'sfirst appearance, or in any event before final dispositionof a felony or an A or B misdemeanor or aviolation of a county resolution which prohibits an actwhichis prohibited by a class A or B misdemeanor, that the offender has beenprocessed, fingerprinted and palm printed.
(c) Impressions taken pursuant to this section shall bemadeon theforms provided by the department of justice of the United States or theKansas bureau of investigation. The sheriff, police department orcountywide law enforcement agency shall cause the impressions to beforwarded to the Kansas bureau of investigation at Topeka, Kansas, whichshall forward oneset of the impressions to the federal bureau of investigation, departmentof justice, at Washington, D.C. A comprehensive descriptionof the person arrested and such other dataand information asto the identification of such person as thedepartment of justice and bureau of investigationrequire shall accompany the impressions.
(d) A sheriff, police department or countywide law enforcement agency maytake and retain for its own use copies of suchimpressions of a personspecified in subsection (a), together with acomprehensive description and such other data and information asnecessary to properly identify such person.
(e) Except as provided in subsection (a)(1), this sectionshall not be construed to include violators of anycounty resolution or municipalordinance.
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.