§ 2061. Fingerprinting
(a) A law enforcement officer shall take, or cause to be taken, the fingerprints and photographs of a person if the person is arrested or given a summons or citation for a felony or for being a fugitive from justice.
(b) A law enforcement officer may take, or cause to be taken, the fingerprints and photographs of a person who is arrested or given a summons or citation for a misdemeanor, only in the event that the officer would be permitted to make an arrest under Rule 3 of the Vermont Rules of Criminal Procedure.
(c) A person who is to be fingerprinted and photographed under subsection (a) or (b) of this section and who is not arrested may be detained for a reasonable period of time for the sole purpose of obtaining the person's fingerprints and photographs. Such a detention shall not constitute an arrest, and shall be for the sole purpose of accurately identifying the person. Upon completion of the fingerprinting and photographing, the detention shall terminate, and the person shall be released in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.
(d) When a defendant who may be fingerprinted and photographed under subsection (a) of this section is arraigned and has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the arraignment, the defendant shall submit to be fingerprinted and photographed at a time and place set by the court. When a defendant is arraigned for any misdemeanor and has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the arraignment, upon request of the attorney for the state and for good cause shown, the court shall order that the defendant submit to be fingerprinted and photographed at a time and place set by the court.
(e) If a defendant is convicted of a misdemeanor or a felony and the conviction results in a sentence of imprisonment, whether that sentence is to be served, deferred or suspended, and the defendant has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the conviction, upon the request of the attorney for the state, the defendant shall submit to be fingerprinted and photographed at a time and place set by the court as a condition of probation.
(f) When a charge for a criminal offense is filed against a person already in the custody of a law enforcement agency or the department of corrections, and such charges are filed in a case separate from the case for which the person is in custody, the arresting officer or other appropriate official shall take the fingerprints and photographs of the person in connection with the new case.
(g) Persons in charge of correctional facilities shall obtain fingerprints and photographs of all offenders lodged at correctional facilities pursuant to a criminal offense.
(h) If a law enforcement officer or other authorized person requests to take the fingerprints and photographs of a person who may be fingerprinted and photographed under this section, that person shall submit to taking of fingerprints and photographs.
(i) Fingerprints and photographs taken pursuant to this section shall be forwarded to the Vermont crime information center.
(j) In all cases, fingerprints and photographs shall be taken in the form specified by the commissioner of public safety, and shall be accompanied by additional identifying demographic information as required by rules adopted by the commissioner.
(k) The Vermont crime information center, law enforcement agencies and correctional facilities shall destroy all copies of fingerprints and photographs of accused persons that were taken in connection with a particular alleged offense in any of the following circumstances:
(1) No criminal charge is filed by the state.
(2) The court does not make a determination of probable cause at the time of arraignment or dismisses the charge at the time of arraignment.
(3) The defendant is acquitted after a trial of all charges related to the incident which prompted the taking of the fingerprints and photographs.
(4) All criminal charges related to an incident that caused fingerprints and photographs to be taken are dismissed by either the court or the state after arraignment, unless the attorney for the state can show good cause why the fingerprints and photographs should not be destroyed.
(l) The Vermont crime information center shall establish procedures for providing prompt notification to law enforcement agencies and correctional facilities where the destruction of photographs and fingerprints is required.
(m) The Vermont crime information center may electronically transmit fingerprints and photographs of accused persons to the Federal Bureau of Investigation (FBI) at any time after arrest, summons, or citation. If the Vermont crime information center forwards fingerprints and photographs to the FBI and the defendant is acquitted, the Vermont crime information center shall request the FBI to destroy the fingerprints and photographs. If the Vermont crime information center forwards fingerprints and photographs to the FBI and all charges against the defendant are dismissed, the Vermont crime information center shall request the FBI to destroy the fingerprints and photographs, unless the attorney for the state can show good cause why the fingerprints and photographs should not be destroyed.
(n) The commissioner of public safety shall adopt rules to implement this section. (Added 1999, No. 151 (Adj. Sess.), § 2; amended 2009, No. 58, § 18.)