Bill Description: House Bill 622 would narrow the scope of a "retainable offense," which requires those charged with a crime to provide their fingerprints to Idaho law enforcement and the federal government. 

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Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

Under current Idaho law, nearly every person who is charged with a crime is required to provide their fingerprints to the Idaho law enforcement, and this information is shared with the federal government. 

House Bill 622 would narrow the scope of what charges constitute a "retainable offense" that triggers the fingerprinting requirement. All felonies are considered a retainable offense, but the bill would strike the current terminology regarding misdemeanors — "a serious misdemeanor as defined by rule adopted under section 67-3003(2), Idaho Code." It would replace that wording with "a misdemeanor punishable by confinement in a county jail for more than six (6) months" or "a misdemeanor involving conduct that upon repeated subsequent offenses" would be a felony or a misdemeanor punishable by more than 6 months in jail. 

This definition would still include many misdemeanors, but it would include fewer offenses than have been included to date.

It is troubling that individuals who are merely charged with a crime — not necessarily convicted — are forced to provide their fingerprints to Idaho law enforcement. On top of this, the information is permanently retained and automatically shared with the federal government. This is an invasion of privacy that violates the fundamental principle of innocent until proven guilty.

Unfortunately, the bill would not end this practice, but it would curtail it to some degree. 

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