N.Y. Family Court Act § 306.1: Fingerprinting of certain alleged juvenile delinquents

§ 306.1. Fingerprinting of certain alleged juvenile delinquents. 1.

Following the arrest of a child alleged to be a juvenile delinquent, or

the filing of a delinquency petition involving a child who has not been

arrested, the arresting officer or other appropriate police officer or

agency shall take or cause to be taken fingerprints of such child if:

(a) the child is at least twelve years of age and the crime which is

the subject of the arrest or which is charged in the petition

constitutes a class A or B felony; or

(b) the child is thirteen years of age or older and the crime which is

the subject of the arrest or which is charged in the petition

constitutes a class C, D or E felony.

2. Whenever fingerprints are required to be taken pursuant to

subdivision one, the photograph and palmprints of the arrested child may

also be taken.

3. The taking of fingerprints, palmprints, photographs, and related

information concerning the child and the facts and circumstances of the

acts charged in the juvenile delinquency proceeding shall be in

accordance with standards established by the commissioner of the

division of criminal justice services and by applicable provisions of

this article.

4. Upon the taking of fingerprints pursuant to subdivision one the

appropriate officer or agency shall, without unnecessary delay, forward

such fingerprints to the division of criminal justice services and shall

not retain such fingerprints or any copy thereof. Copies of photographs

and palmprints taken pursuant to this section shall be kept confidential

and only in the exclusive possession of such law enforcement agency,

separate and apart from files of adults.