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IA SF69

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


summary

Introduced
01/21/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

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.

AI Summary

This bill modifies Iowa's confidential records law by creating new rules about booking photographs, which are defined as identification photos taken by law enforcement after a person's arrest or while in custody. The bill establishes that booking photographs are generally confidential but can be released under specific circumstances: when a court determines the person is a fugitive and releasing the photo could help in their apprehension, when a court finds the person poses an imminent threat to an individual or public safety, or when the person has been convicted of a class "A" or "B" felony that does not involve controlled substances. The bill clarifies that "conviction" does not include deferred judgments unless that judgment was later revoked and a formal sentence was imposed. Importantly, the law does not restrict law enforcement agencies from sharing booking photographs with each other for official purposes. This legislation aims to balance individual privacy protections with public safety considerations by providing clear guidelines for when such photographs can be publicly disseminated.

Committee Categories

Justice

Sponsors (1)

Last Action

Subcommittee recommends amendment and passage. (on 01/29/2025)

bill text


bill summary

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bill summary

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