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Senate File 69 - 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.
4Nothwithstanding any other provision of this section, a booking
5photograph may be released, published, or disseminated for any
6of the following reasons:
7(1) A court has determined that the person in the booking
8photograph is a fugitive and that the release and publication
9of the booking photograph will assist in apprehending the
10person.
11(2) A court has determined that the person in the booking
12photograph is an imminent threat to an individual or to public
13safety and that the release and publication of the booking
14photograph will assist in reducing or eliminating the threat.
15(3) The person in the booking photograph has been convicted
16of a class “A” or class “B” felony not involving a controlled
17substance.
18b. For purposes of this subsection, “booking photograph”
19means a photograph or still, nonvideo image of a person
20generated by a law enforcement agency for identification
21purposes after an arrest or while the person is in the custody
22of the law enforcement agency.
23c. This subsection shall not apply to a law enforcement
24agency’s confidential dissemination of a booking photograph to
25other law enforcement agencies in the performance of official
26duties.
27d. For purposes of this subsection, “conviction” does not
28include a deferred judgment unless the deferred judgment was
29subsequently revoked by the court and judgment was pronounced
30and a sentence was imposed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to confidential records including booking
35photographs.
-1- 1The bill defines “booking photograph” as a photograph
2or still, nonvideo image of a person generated by a law
3enforcement agency for identification purposes after an arrest
4or while the person is in the law enforcement agency’s custody.
5The bill provides that a booking photograph is a
6confidential record, but may be released, published, or
7disseminated for any of the following reasons: a court has
8determined that the person in the booking photograph is a
9fugitive, and releasing or disseminating the booking photograph
10will assist in apprehending the person; a court determines that
11the person is an imminent threat to an individual or to public
12safety; or the person is convicted of a class “A” or class “B”
13felony not involving a controlled substance.
14The bill does not apply to interagency dissemination of
15booking photographs between law enforcement agencies.
16For purposes of the bill, “conviction” does not include a
17deferred judgment unless the deferred judgment was subsequently
18revoked by the court and judgment was pronounced and a sentence
19was imposed.
-2-as/js
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.
4Nothwithstanding any other provision of this section, a booking
5photograph may be released, published, or disseminated for any
6of the following reasons:
7(1) A court has determined that the person in the booking
8photograph is a fugitive and that the release and publication
9of the booking photograph will assist in apprehending the
10person.
11(2) A court has determined that the person in the booking
12photograph is an imminent threat to an individual or to public
13safety and that the release and publication of the booking
14photograph will assist in reducing or eliminating the threat.
15(3) The person in the booking photograph has been convicted
16of a class “A” or class “B” felony not involving a controlled
17substance.
18b. For purposes of this subsection, “booking photograph”
19means a photograph or still, nonvideo image of a person
20generated by a law enforcement agency for identification
21purposes after an arrest or while the person is in the custody
22of the law enforcement agency.
23c. This subsection shall not apply to a law enforcement
24agency’s confidential dissemination of a booking photograph to
25other law enforcement agencies in the performance of official
26duties.
27d. For purposes of this subsection, “conviction” does not
28include a deferred judgment unless the deferred judgment was
29subsequently revoked by the court and judgment was pronounced
30and a sentence was imposed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to confidential records including booking
35photographs.
-1- 1The bill defines “booking photograph” as a photograph
2or still, nonvideo image of a person generated by a law
3enforcement agency for identification purposes after an arrest
4or while the person is in the law enforcement agency’s custody.
5The bill provides that a booking photograph is a
6confidential record, but may be released, published, or
7disseminated for any of the following reasons: a court has
8determined that the person in the booking photograph is a
9fugitive, and releasing or disseminating the booking photograph
10will assist in apprehending the person; a court determines that
11the person is an imminent threat to an individual or to public
12safety; or the person is convicted of a class “A” or class “B”
13felony not involving a controlled substance.
14The bill does not apply to interagency dissemination of
15booking photographs between law enforcement agencies.
16For purposes of the bill, “conviction” does not include a
17deferred judgment unless the deferred judgment was subsequently
18revoked by the court and judgment was pronounced and a sentence
19was imposed.
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