Massachusetts General Laws

Mass. Gen. Laws ch. 263, § 1A (2026)

Fingerprinting and photographing; contents of record; audits

✓ current as of July 2026

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Section 1A. Whoever is arrested by virtue of process or is taken into custody by an officer and is charged with the commission of a felony shall be fingerprinted according to the system of the department of state police and photographed. The fingerprints and photographs shall be immediately forwarded to the department of state police to allow a biometric positive identification. The fingerprint record shall be suitable for comparison and shall include an offense-based tracking number, completed description of the offenses charged and other descriptors as required. The executive office of public safety and security may audit police departments for compliance with this section.

Notes of Decisions

Cited in 5 cases, 1978–1998 · leading case: Commonwealth v. Shipps, 507 N.E.2d 671 (Mass. 1987).

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Commonwealth v. Shipps, 507 N.E.2d 671 (Mass. 1987). · cites it 5× “The defendant did not argue, however, that the police lacked the authority under G. L. c. 263, § 1A (1984 ed.), to photograph juveniles arrested for the equivalent of a felony but charged with delinquency.”

Police Comm'r v. Mun. Court of Dorchester Dist., 374 N.E.2d 272 (Mass. 1978). “The Boston police department applied G. L. c. 263, § 1A, as applicable on its face to the juvenile in the case before us.”

Commonwealth v. Ceria, 431 N.E.2d 608 (Mass. App. Ct. 1982). “See G. L. c. 263, § 1A. Ceria was then returned to the Lower Basin station, at which point his foster father and guardian arrived.”

Commonwealth v. Manning, 693 N.E.2d 704 (Mass. App. Ct. 1998). “Finally, the taking of the defendant’s photograph during the booking process was standard police procedure (see G. L. c. 263, § 1A), and bore no relation to the purpose or validity of the arrest.”

Victor V. v. Commonwealth, 672 N.E.2d 529 (Mass. 1996). “820, 832-833 (1987) (construing statutory term “whoever” to include juveniles as individuals subject to fingerprinting and photographing under G. L. c. 263, § 1A). Section 58A also expressly states that it applies on an individual’s appearance before a Superior Court or District…”

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