HSB 531 (LSB 5073YC (3) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON THOMPSON)

A BILL FOR

An Act relating to confidential records including booking photographs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  5B.  a.  A booking photograph. However, a booking photograph may be released, published, or disseminated for any of the following reasons:
   (1)  The person in the booking photograph is a fugitive and a law enforcement agency or prosecuting agency determines that the release and publication of the booking photograph will assist in apprehending the person.
   (2)  A law enforcement agency or prosecuting agency determines that the person in the booking photograph is an imminent threat to an individual or to public safety and that the release and publication of the booking photograph will assist in reducing or eliminating the threat.
   (3)  A judge orders the release or publication of the booking photograph based on a finding that the release or publication furthers a legitimate interest.
   (4)  The person in the booking photograph has been convicted or has pled guilty to a criminal offense for which the person was arrested.
   b.  For purposes of this subsection, “booking photograph” means a photograph or still, nonvideo image of a person generated by a law enforcement agency for identification purposes after an arrest or while the person is in the custody of the law enforcement agency.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to confidential records including booking photographs.
   The bill defines “booking photograph” as a photograph or still, nonvideo image of a person generated by a law enforcement agency for identification purposes after an arrest or while the person is in the law enforcement agency’s custody.
   The bill provides that a booking photograph is a confidential record, but may be released, published, or disseminated for any of the following reasons: the person in the booking photograph is a fugitive, and releasing or disseminating the booking photograph will assist in apprehending the person; a law enforcement agency or prosecuting agency determines that the person is an imminent threat to an individual or to public safety; a judge orders the release or dissemination of the booking photograph to further a legitimate interest; or the person is convicted or pleads guilty to a criminal offense for which the person was arrested and a booking photograph was taken.