SF 69 (LSB 2255XS (2) 91)

SENATE FILE 69

BY  TAYLOR

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 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  5B.  a.  A booking photograph. Nothwithstanding any other provision of this section, a booking photograph may be released, published, or disseminated for any of the following reasons:
   (1)  A court has determined that the person in the booking photograph is a fugitive and that the release and publication of the booking photograph will assist in apprehending the person.
   (2)  A court has determined 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)  The person in the booking photograph has been convicted of a class “A” or class “B” felony not involving a controlled substance.
   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.
   c.  This subsection shall not apply to a law enforcement agency’s confidential dissemination of a booking photograph to other law enforcement agencies in the performance of official duties.
   d.  For purposes of this subsection, “conviction” does not include a deferred judgment unless the deferred judgment was subsequently revoked by the court and judgment was pronounced and a sentence was imposed.
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: a court has determined that the person in the booking photograph is a fugitive, and releasing or disseminating the booking photograph will assist in apprehending the person; a court determines that the person is an imminent threat to an individual or to public safety; or the person is convicted of a class “A” or class “B” felony not involving a controlled substance.
   The bill does not apply to interagency dissemination of booking photographs between law enforcement agencies. 
   For purposes of the bill, “conviction” does not include a deferred judgment unless the deferred judgment was subsequently revoked by the court and judgment was pronounced and a sentence was imposed.