Fingerprinting; duties of police with respect thereto

§ 160.10 Fingerprinting; duties of police with respect thereto.\n 1. Following an arrest, or following the arraignment upon a local\ncriminal court accusatory instrument of a defendant whose court\nattendance has been secured by a summons or an appearance ticket under\ncircumstances described in sections 130.60 and 150.70, the arresting or\nother appropriate police officer or agency must take or cause to be\ntaken fingerprints of the arrested person or defendant if an offense\nwhich is the subject of the arrest or which is charged in the accusatory\ninstrument filed is:\n (a) A felony; or\n (b) A misdemeanor defined in the penal law; or\n (c) A misdemeanor defined outside the penal law which would constitute\na felony if such person had a previous judgment of conviction for a\ncrime.\n 2. In addition, a police officer who makes an arrest for any offense,\neither with or without a warrant, may take or cause to be taken the\nfingerprints of the arrested person if such police officer:\n (a) Is unable to ascertain such person's identity; or\n (b) Reasonably suspects that the identification given by such person\nis not accurate; or\n (c) Reasonably suspects that such person is being sought by law\nenforcement officials for the commission of some other offense.\n 3. Whenever fingerprints are required to be taken pursuant to\nsubdivision one or permitted to be taken pursuant to subdivision two,\nthe photograph and palmprints of the arrested person or the defendant,\nas the case may be, may also be taken.\n 4. The taking of fingerprints as prescribed in this section and the\nsubmission of available information concerning the arrested person or\nthe defendant and the facts and circumstances of the crime charged must\nbe in accordance with the standards established by the commissioner of\nthe division of criminal justice services.\n