House Bill 845 takes affects July, 1, 2014, and directly addresses the publication of booking photographs. Section one states:
(c) An arresting law enforcement agency shall not provide or make available a copy of a booking photograph in any format to a person requesting such photograph if:
(1) Such booking photograph may be placed in a publication or posted to a website or transferred to a person to be placed in a publication or posted to a website; and
(2) Removal or deletion of such booking photograph from such publication or website
requires the payment of a fee or other consideration.
House Bill 845 is designed to stop the numerous unscrupulous websites that publish booking photographs and charge to take them down. Any media requesting booking photos for news collections purposes can still attain access to photographs through the open records process.
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