House File 47 - IntroducedA Bill ForAn Act 1relating to confidential records including booking
2photographs.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 22.7, Code 2025, is amended by adding the
2following new subsection:
3   NEW SUBSECTION.  5B.  a.  A booking photograph. However, a
4booking photograph may be released, published, or disseminated
5for any of the following reasons:
   6(1)  The person in the booking photograph is a fugitive and
7a law enforcement agency or prosecuting agency determines that
8the release and publication of the booking photograph will
9assist in apprehending the person.
   10(2)  A law enforcement agency or prosecuting agency
11determines that the person in the booking photograph is an
12imminent threat to an individual or to public safety and that
13the release and publication of the booking photograph will
14assist in reducing or eliminating the threat.
   15(3)  A judge orders the release or publication of the booking
16photograph based on a finding that the release or publication
17furthers a legitimate interest.
   18(4)  The person in the booking photograph has been convicted
19or has pled guilty to a criminal offense for which the person
20was arrested.
   21b.  For purposes of this subsection, “booking photograph”
22means a photograph or still, nonvideo image of a person
23generated by a law enforcement agency for identification
24purposes after an arrest or while the person is in the custody
25of the law enforcement agency.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
   29This bill relates to confidential records including booking
30photographs.
   31The bill defines “booking photograph” as a photograph
32or still, nonvideo image of a person generated by a law
33enforcement agency for identification purposes after an arrest
34or while the person is in the law enforcement agency’s custody.
   35The bill provides that a booking photograph is a
-1-1confidential record, but may be released, published, or
2disseminated for any of the following reasons: the person
3in the booking photograph is a fugitive, and releasing
4or disseminating the booking photograph will assist in
5apprehending the person; a law enforcement agency or
6prosecuting agency determines that the person is an imminent
7threat to an individual or to public safety; a judge orders the
8release or dissemination of the booking photograph to further
9a legitimate interest; or the person is convicted or pleads
10guilty to a criminal offense for which the person was arrested
11and a booking photograph was taken.
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