Title: H535 [Filed]
Category: Bill Draft

General Assembly of North Carolina	Session 2013

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H	D
HOUSE DRH70191-MD-73  (03/27)

Short Title:	All Arrestees Fingerprinted/Photographed. | (Public)
Sponsors: | Representative Faircloth.
Referred to: |

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT ALL PERSONS ARRESTED OR IMPRISONED FOR A FELONY OR MISDEMEANOR ARE FINGERPRINTED AND PHOTOGRAPHED.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑502 reads as rewritten:
"§ 15A‑502.  Photographs and fingerprints.
(a)	A person charged with the commission of a felony or a misdemeanor shall be photographed and the person's fingerprints shall be taken for law‑enforcement records when the person has been:
(1)	Arrested and taken into custody or committed to a detention facility, or
(2)	Committed to imprisonment upon conviction of a crime, or
(3)	Convicted of a felony, if the person has not previously been photographed and fingerprinted pursuant to this section.
(a1)	The entity responsible for taking photographs and fingerprints under subsection (a) of this section shall be (i) the arresting law enforcement agency if the person was arrested or (ii) the custodian of the local confinement facility or the superintendent of the facility of the State prison system where the person is imprisoned, if the person was not arrested prior to conviction. The entity responsible for taking photographs and fingerprints under subsection (a) shall forward those fingerprints to the State Bureau of Investigation.
			(b)	Even if the person is not arrested, a photograph may be taken of a person if:
(1)	The person is cited by a law enforcement officer for aviolation, and
(2)	The person does not produce a valid drivers license or other valid form of identification upon the request of a law enforcement officer, and
(3)	The law enforcement officer has a reasonable suspicion concerning the true identity of the person.
(b1)	Any photograph authorized by subsection (b) of this section and taken by a law enforcement officer or agency:
(1)	Shall only be taken from the neck up.
(2)	Shall be taken at either the location where the citation is issued, or at the jail if an arrest is made.
(3)	Shall be retained by the law enforcement officer or agency until the final disposition of the case.
(4)	Shall not be used for any purpose other than to confirm the identity of the alleged offender.
	(c)	This section does not authorize the taking of photographs or fingerprints of a juvenile alleged to be delinquent except under Article 21 of Chapter 7B of the General Statutes.
(d)	This section does not prevent the taking of photographs, moving pictures, video or sound recordings, fingerprints, or the like to show a condition of intoxication or for other evidentiary use.
(e)	Fingerprints and photographs taken pursuant to subsection (a) or (a1) of this section may be forwarded to the Federal Bureau of Investigation or other law‑enforcement agencies."
SECTION 2.  This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.

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*DRH70191-MD-73*