A bill for an act relating to confidential records including booking photographs.

2025-2026 Regular Session Introduced by Jeff Taylor

Bill SF 69 protects booking photographs by classifying them as confidential, allowing release only under specific legal conditions to balance privacy and public safety.

Subcommittee recommends amendment and passage.

#confidentiality #courts #disclosure #felonies #fugitives #lawenforcement #photography #publicrecords

Summary of Bill SF 69

Bill Number: SF 69
Title: A bill for an act relating to confidential records including booking photographs.
Status: Subcommittee recommends amendment and passage.
Introduced: January 21, 2025
Classification: Bill
Subject Areas: Confidentiality, Courts, Disclosure, Felonies, Fugitives, Law Enforcement, Photography, Public Records

Purpose and Intent

Bill SF 69 aims to establish guidelines for the confidentiality of booking photographs—images taken by law enforcement agencies for identification purposes after an arrest or while an individual is in custody. The bill seeks to balance the need for public safety and transparency with the rights of individuals captured in these photographs.

Key Provisions

Definition of Booking Photograph: The bill defines a "booking photograph" as a still image of a person taken by law enforcement agencies for identification purposes following an arrest or during custody.

Confidentiality Status: Booking photographs are classified as confidential records. However, there are specific circumstances under which these photographs may be released or disseminated:

If a court determines that the individual in the photograph is a fugitive, and releasing the photograph would aid in their apprehension.
If a court finds that the individual poses an imminent threat to another person or public safety.
If the individual has been convicted of a Class “A” or Class “B” felony that does not involve a controlled substance.

Exemptions: The bill clarifies that it does not apply to the sharing of booking photographs between law enforcement agencies.

Definition of Conviction: For the purposes of this bill, a "conviction" does not include a deferred judgment unless that judgment has been revoked by the court, resulting in a formal sentence.

Impact

This legislation would primarily affect:
- Law Enforcement Agencies: They will need to adjust their practices regarding the handling and dissemination of booking photographs.
- Individuals Arrested: Those captured in booking photographs will have enhanced privacy protections unless specific legal conditions are met.
- The Public: The bill aims to protect individuals' rights while still allowing for public safety measures when necessary.

Legislative Timeline

January 21, 2025: Bill introduced and referred to the Judiciary Committee.

January 23, 2025: Subcommittee formed, consisting of members Taylor, Bisignano, and Dawson.

January 27, 2025: Subcommittee meeting scheduled for January 29, 2025, at 2:30 PM in Room 217 Conference Room.

January 29, 2025: Subcommittee recommends amendment and passage of the bill.

This summary provides a clear overview of Bill SF 69, detailing its purpose, key provisions, and the potential impact on various stakeholders.