Hawaii 2024 Regular Session

Hawaii Senate Bill SB2631 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2631 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to arrest photographs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2631
4	4	THIRTY-SECOND LEGISLATURE, 2024
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to arrest photographs.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that booking or arrest photographs, also called mugshots, can be obtained from law enforcement websites and reposted on commercial websites. While some websites will usually remove the photographs without charging a fee if the charges were dropped or the person was found to be not guilty, other websites charge a fee for their removal. The legislature also finds that once posted on the Internet, the photographs can be copied and shared by other sites and are extremely difficult to eradicate. The legislature further finds that a number of states have laws prohibiting the use of booking or arrest photographs for commercial purposes or prohibiting the websites from charging fees or gaining revenue related to the photographs. The legislature also notes that several credit card companies have reportedly cut ties with mugshot websites and a search engine has changed its algorithms so that the websites do not result as often. Accordingly, the purpose of this Act is to prohibit commercial website operators from publishing mugshots. SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§481B- Restrictions on publication of mugshots on a commercial website. (a) A mugshot website operator who publishes mugshots for a commercial purpose on a publicly accessible website shall be deemed to be transacting business in the State. (b) A mugshot website operator shall not use a mugshot for the purpose of soliciting business for pecuniary gain, including requiring the payment of a fee or other valuable consideration in exchange for removing a mugshot that has been published on a website or other publication. (c) An individual whose mugshot is published in violation of subsection (b) and who suffers a pecuniary loss or is otherwise adversely affected as a result of the violation shall have a cause of action against the person responsible for the violation and may recover damages in addition to the damages prescribed in subsection (d) in any court of competent jurisdiction. (d) A person who violates subsection (b) shall be liable for damages for each separate violation in an amount of at least: (1) $100 per day during the first thirty days of the violation; (2) $200 per day during the subsequent thirty days of the violation; and (3) $500 per day for each day thereafter. (e) This section shall not apply to: (1) Any act performed for the purpose of disseminating news to the public, including the gathering, publishing, or broadcasting of information to the public for a news-related purpose, or to any act performed by a publisher, owner, agent, employee, or retailer of a newspaper, radio network, television station, television broadcast network, cable television network, or other online news outlet associated with any news organization in connection with the dissemination of news to the public, including the gathering, publishing, or broadcasting of information to the public for a news-related purpose; (2) Activities by a licensed attorney, private investigator, or registered process server that are associated with purposes relating to a current or anticipated criminal or civil proceeding; or (3) The conduct of trials or the discovery process in any proceeding as otherwise provided by law or court rule. (f) For the purposes of this section: "Mugshot" means a photograph of an individual's face that is taken pursuant to an arrest or other involvement in the criminal justice system. "Mugshot website operator" means a person that publishes mugshots on a publicly available internet website for a commercial purpose. "Person" includes an individual, partnership, firm, association, corporation, or other legal entity." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that booking or arrest photographs, also called mugshots, can be obtained from law enforcement websites and reposted on commercial websites. While some websites will usually remove the photographs without charging a fee if the charges were dropped or the person was found to be not guilty, other websites charge a fee for their removal. The legislature also finds that once posted on the Internet, the photographs can be copied and shared by other sites and are extremely difficult to eradicate.
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51	51	The legislature further finds that a number of states have laws prohibiting the use of booking or arrest photographs for commercial purposes or prohibiting the websites from charging fees or gaining revenue related to the photographs. The legislature also notes that several credit card companies have reportedly cut ties with mugshot websites and a search engine has changed its algorithms so that the websites do not result as often.
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53	53	Accordingly, the purpose of this Act is to prohibit commercial website operators from publishing mugshots.
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55	55	SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
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57	57	"§481B- Restrictions on publication of mugshots on a commercial website. (a) A mugshot website operator who publishes mugshots for a commercial purpose on a publicly accessible website shall be deemed to be transacting business in the State.
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59	59	(b) A mugshot website operator shall not use a mugshot for the purpose of soliciting business for pecuniary gain, including requiring the payment of a fee or other valuable consideration in exchange for removing a mugshot that has been published on a website or other publication.
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61	61	(c) An individual whose mugshot is published in violation of subsection (b) and who suffers a pecuniary loss or is otherwise adversely affected as a result of the violation shall have a cause of action against the person responsible for the violation and may recover damages in addition to the damages prescribed in subsection (d) in any court of competent jurisdiction.
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63	63	(d) A person who violates subsection (b) shall be liable for damages for each separate violation in an amount of at least:
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65	65	(1) $100 per day during the first thirty days of the violation;
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67	67	(2) $200 per day during the subsequent thirty days of the violation; and
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69	69	(3) $500 per day for each day thereafter.
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71	71	(e) This section shall not apply to:
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73	73	(1) Any act performed for the purpose of disseminating news to the public, including the gathering, publishing, or broadcasting of information to the public for a news-related purpose, or to any act performed by a publisher, owner, agent, employee, or retailer of a newspaper, radio network, television station, television broadcast network, cable television network, or other online news outlet associated with any news organization in connection with the dissemination of news to the public, including the gathering, publishing, or broadcasting of information to the public for a news-related purpose;
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75	75	(2) Activities by a licensed attorney, private investigator, or registered process server that are associated with purposes relating to a current or anticipated criminal or civil proceeding; or
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77	77	(3) The conduct of trials or the discovery process in any proceeding as otherwise provided by law or court rule.
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79	79	(f) For the purposes of this section:
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81	81	"Mugshot" means a photograph of an individual's face that is taken pursuant to an arrest or other involvement in the criminal justice system.
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83	83	"Mugshot website operator" means a person that publishes mugshots on a publicly available internet website for a commercial purpose.
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85	85	"Person" includes an individual, partnership, firm, association, corporation, or other legal entity."
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87	87	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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89	89	SECTION 4. New statutory material is underscored.
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91	91	SECTION 5. This Act shall take effect upon its approval.
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95	95	INTRODUCED BY: _____________________________
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97	97	INTRODUCED BY:
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105	105	Report Title: Arrest Photographs; Mugshots; Commercial Websites; Restriction Description: Prohibits commercial website operators from publishing mugshots. Establishes exemptions. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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113	113	Report Title:
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115	115	Arrest Photographs; Mugshots; Commercial Websites; Restriction
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119	119	Description:
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121	121	Prohibits commercial website operators from publishing mugshots. Establishes exemptions.
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129	129	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.