(a) In this section, “law enforcement unit” means:
(1) a State, county, or municipal police unit; or
(2) a sheriff's office.
Orders by sentencing judge for fingerprinting
(b)(1) If a defendant was not fingerprinted at the time of arrest for the sentenced crime, the sentencing judge shall order the defendant to be fingerprinted by the appropriate and available law enforcement unit when the defendant:
(i) is found guilty or pleads guilty or nolo contendere to a crime that is reportable as criminal history record information under this subtitle; and
(ii) is sentenced to commitment in a local correctional facility or receives a suspended sentence, probation, probation before judgment under § 6-220 of this article, or a fine.
(2) If the defendant cannot be fingerprinted at the time of sentencing, the sentencing judge shall order the defendant to report to a designated law enforcement unit to be fingerprinted within 3 days after the date of the sentencing.
Failure to report for fingerprinting
(c) If a defendant fails to report to the designated law enforcement unit as ordered under subsection (b)(2) of this section, the defendant is in contempt of court.
Children arrested for delinquent acts
(d)(1) This subsection only applies to an adjudication of delinquency of a child:
(i) for an act described in § 3-8A-03(d)(1) of the Courts Article if the child is at least 14 years old; or
(ii) for an act described in § 3-8A-03(d)(4) or (5) of the Courts Article if the child is at least 16 years old.
(2) If a child has not been previously fingerprinted as a result of arrest for the delinquent act, the court that held the disposition hearing of the child adjudicated delinquent shall order the child to be fingerprinted by the appropriate and available law enforcement unit.
(3) If the child cannot be fingerprinted at the time of the disposition hearing held under paragraph (2) of this subsection, the court shall order the child to report to a designated law enforcement unit to be fingerprinted within 3 days after making a disposition on an adjudication of delinquency.
Credits
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001; Acts 2003, c. 216, § 1, eff. Oct. 1, 2003; Acts 2022, c. 41, § 1, eff. June 1, 2022; Acts 2022, c. 42, § 1, eff. June 1, 2022; Acts 2023, c. 49, § 2, eff. April 11, 2023.
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
