At a defendant’s arraignment for a felony or misdemeanor punishable by more than 92 days’ imprisonment, the district court must ensure that the accused’s fingerprints have been taken as required by law. MCL 764.29; see also MCR 6.104(E)(6).1 MCL 764.29 provides:
“(1) At the time of arraignment of a person on a complaint for a felony or a misdemeanor punishable by imprisonment for more than 92 days, the magistrate shall examine the court file to determine if the person has had fingerprints taken as required by [MCL 28.243].
(2) If the person has not had his or her fingerprints taken prior to the time of arraignment for the felony or the misdemeanor punishable by imprisonment for more than 92 days, upon completion of the arraignment, the magistrate shall do either of the following:
(a) Order the person to submit himself or herself to the police agency that arrested or obtained the warrant for the arrest of the person so that the person’s fingerprints can be taken.
(b) Order the person committed to the custody of the sheriff for the taking of the person’s fingerprints.”2
1 MCR 6.104(E)(6) is not included in the list of court rules that are expressly applicable to misdemeanors under MCR 6.001(B). In addition, MCR 6.104(E)(6) references the collection of biometric data rather than fingerprints.
2 See Section 3.13 for more information on fingerprinting and collection of biometric data.