Section 160.10. Fingerprinting; duties of police with respect thereto

1.    Following  an  arrest, or following the arraignment upon a local
  criminal  court  accusatory  instrument  of  a  defendant  whose   court
  attendance  has  been secured by a summons or an appearance ticket under
  circumstances described in sections 130.60 and 150.70, the arresting  or
  other  appropriate  police  officer  or  agency must take or cause to be
  taken fingerprints of the arrested person or  defendant  if  an  offense
  which is the subject of the arrest or which is charged in the accusatory
  instrument filed is:
    (a)  A felony; or
    (b)  A misdemeanor defined in the penal law; or
    (c)    A  misdemeanor  defined  outside  the  penal  law  which  would
  constitute a felony if such person had a previous judgment of conviction
  for a crime; or
    (d)  Loitering, as defined in subdivision three of section  240.35  of
  the penal law; or
    (e)    Loitering for the purpose of engaging in a prostitution offense
  as defined in subdivision two of section 240.37 of the penal law.
    2.  In addition, a police officer who makes an arrest for any offense,
  either with or without a warrant, may take or  cause  to  be  taken  the
  fingerprints of the arrested person if such police officer:
    (a)  Is unable to ascertain such person's identity; or
    (b)   Reasonably suspects that the identification given by such person
  is not accurate; or
    (c)   Reasonably suspects that such person  is  being  sought  by  law
  enforcement officials for the commission of some other offense.
    3.    Whenever  fingerprints  are  required  to  be  taken pursuant to
  subdivision one or permitted to be taken pursuant  to  subdivision  two,
  the  photograph  and palmprints of the arrested person or the defendant,
  as the case may be, may also be taken.
    4.  The taking of fingerprints as prescribed in this section  and  the
  submission  of  available  information concerning the arrested person or
  the defendant and the facts and circumstances of the crime charged  must
  be  in  accordance with the standards established by the commissioner of
  the division of criminal justice services.