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Talk:Mug shot publishing industry/Legislation section

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Split out of [1] Legislation section

Several state legislatures have introduced bills to regulate the mug shot publishing industry. These bills often require that operators of mug shot websites remove information about individuals who were arrested but never convicted. This removal would have to occur after a specified period of time and without charging a fee to the person arrested.[1]

State Status Summary Commentary
California Law [2] Bars websites from posting arrest mug shots and then charging to take them down Does not restrict access to arrest records.[3]
Colorado Law[4] Requires commercial websites to remove people’s mug shots if the person was found innocent of the crime for which they were arrested.
Connecticut Court Ruling[5] Police are required to release only basic "blotter" information[6]
Florida No restriction Attempted in 2013 by both chambers but did not secure passage[7][8]
Georgia Law[9] Mug shot websites must remove images of persons cleared and cannot charge fee for removal.[10]


Missouri

On July 9, 2014 Gov. Jay Nixon signed legislation making it a misdemeanor to publish police booking photos on websites and then seek money to take the photos down.[11] HB1665 became effective on August 28, 2014.[12]

New Jersey

New Jersey introduced a bill that would prevent the dissemination of mugshots until the suspect has been found guilty. The measure (A3906), approved 9-0 with one abstention by the Assembly Law and Public Safety Committee, would amend the state's open public records act to make confidential the photographs of anyone arrested if they have not yet been convicted.[13]

Oregon

A bill was filed in Oregon's House in 2013 that would forbid any law enforcement agency from publishing mug shots online. A single individual's mug shot and booking information could still be obtained through written requests submitted in person.[14] The bill has been amended removing those provisions but now requires mug shot sites to remove mug shots within 30 days after receiving paperwork showing that the charges did not result in a conviction.[15]

South Carolina

Lawmakers led by Sen. Paul Thurmond, R-Charleston, are working Senate Bill 255 that would require websites take down booking photos if the people aren’t found guilty.[16][17]

Texas

During its 2013 legislative session, the Texas State Senate passed two bills regulating the businesses who publish mug shots and accept payment to remove the information.[18] It requires these businesses to publish either an e-mail address, fax number, or a mailing address to allow people to contact the business. Any individual can contact the business disputing the accuracy of the information being published by the business. The business has 45 days to respond, in writing, about the dispute and the results of its investigation into the dispute. The bill also forbids these businesses from publishing the arrest records of anyone who has not been convicted and establishes a fine for those business that do so.[19]

Utah

On April 1, 2013, Utah Governor Gary Herbert signed HB 408 into law.[20] The bill prohibits booking photos from appearing on mug shot websites that require payment to remove the image. It requires that any individual requesting booking photos to sign a sworn statement that the image they received will not be used these kinds of websites. Violations of that sworn statement could result in criminal charges of lying to police.[21]

Virginia

On March 23, 2015 SB 720 was signed into law.[22] SB720 creates a civil action against any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the criminal history record information of an individual pertaining to that individual's charge or arrest for a criminal offense and solicits, requests, or accepts money or other thing of value for removing such information. Such person shall be liable to the individual who is the subject of the information for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs.

  1. ^ "Mug Shots and Booking Photo Websites". National Conference of State Legislatures. Retrieved 30 March 2014.
  2. ^ http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB1027
  3. ^ "SB1027". Senate.CA.Gov. August 15, 2014. Retrieved August 13, 2015.
  4. ^ "HB47" (PDF). leg.state.co.us. April 11, 2014. Retrieved August 14, 2015.
  5. ^ "COMMISSIONER OF PUBLIC SAFETY v.FREEDOM OF INFORMATION COMMISSION ET AL. (SC 19047)" (PDF). CT.Gov. July 15, 2014. Retrieved July 15, 2014.
  6. ^ "State Supreme Court ruling restricts release of arrest information". TheDay.com. July 7, 2014. Retrieved July 7, 2014.
  7. ^ "HB 677 - Websites Containing Information Concerning Persons Charged with Crimes". Florida House of Representatives. Retrieved May 11, 2013.
  8. ^ "SB 1060 - Websites Containing Information Concerning Persons Charged With Crimes". Florida House of Representatives. Retrieved May 11, 2013.
  9. ^ http://www.legis.ga.gov/legislation/en-US/Display/20132014/HB/845
  10. ^ Dillon, Denise (May 6, 2013). "New law bans charges to remove online mugshots". My Fox Atlanta. Retrieved May 11, 2013.
  11. ^ "Missouri measure targets arrest mugshot websites". ConnectTriStates.com. July 9, 2014. Retrieved July 9, 2014.
  12. ^ {cite news |url=http://www.house.mo.gov/billsummary.aspx?year=2014&bill=HB1665&code=R%7Ctitle=HB1665%7Cpublisher=House.Mo.Gov |date=August 08, 2014 |accessdate=August 08, 2014 }
  13. ^ Baxter, Christopher (April 4, 2013). "Mugshot got you down? Bill would ban public release in N.J. before conviction". NJ.com. Retrieved November 18, 2013.
  14. ^ Craig, Paul (April 3, 2013). "Lawmakers propose taking mug shots offline". KPTV-KPDX TV. Retrieved April 22, 2013.
  15. ^ Gaston, Christian (April 18, 2013). "Oregon bill targeting mug shot websites changes focus, heads to a vote". The Oregonian. Retrieved April 22, 2013.
  16. ^ "S.255". SCStateHouse.Gov. January 13, 2015. Retrieved August 13, 2015.
  17. ^ "Mug shot 'extortion' bill in S.C. Senate setting up First Amendment fight". PostAndCourier.com. March 11, 2015. Retrieved August 13, 2015.
  18. ^ Herman, Ken (April 28, 2013). "Herman: The humble mug shot and why we can't look away". Austin-American Statesman. Retrieved April 28, 2013.
  19. ^ "83(R) SB 1289 - Introduced Version - Bill Text". Texas Legislature Online. Retrieved April 22, 2013.
  20. ^ "H.B. 408 Bill Status". Utah Government. Retrieved May 11, 2013.
  21. ^ Meyers, Donald (April 11, 2013). "Salt Lake County declares jailhouse booking photos copyrighted material". The Salt Lake Tribune. Retrieved May 11, 2013.
  22. ^ "SB 720 Arrest photos on internet; penalty". Virginia Legislative Information System. Retrieved August 13, 2015.
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