(1) When a state, county or local law enforcement officer stops a person with the intent to effectuate an arrest of the person, if the officer has the capability of doing so, the officer shall, at the time of the stop or as soon as possible thereafter, conduct a criminal history background check on the person being arrested using the National Crime Information Center (NCIC) database. If the stop results in the officer arresting the person, the officer shall make a notation of the person’s criminal history at the time of arrest. If the criminal history cannot be obtained at the time of the arrest, it must be accessed and noted at the person’s booking. The Federal Bureau of Investigation arrest numbers or system identification numbers of prior arrests or convictions shall be noted and become a part of the person’s law enforcement record until the disposal of the matter giving rise to the grounds for arrest. A copy of the person’s NCIC driver’s license query shall become a part of the person’s law enforcement record until the disposal of the matter giving rise to the grounds for arrest.
(2) Subsection (1) of this section shall apply without regard to whether the person:
(a) Is arrested for a misdemeanor or felony offense;
(b) Is issued a citation in lieu of continued custody; or
(c) Is arrested without a warrant.
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