House File 47 - Introduced HOUSE FILE 47 BY GUSTOFF A BILL FOR An Act relating to confidential records including booking 1 photographs. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1541YH (1) 91 as/js
H.F. 47 Section 1. Section 22.7, Code 2025, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 5B. a. A booking photograph. However, a 3 booking photograph may be released, published, or disseminated 4 for any of the following reasons: 5 (1) The person in the booking photograph is a fugitive and 6 a law enforcement agency or prosecuting agency determines that 7 the release and publication of the booking photograph will 8 assist in apprehending the person. 9 (2) A law enforcement agency or prosecuting agency 10 determines that the person in the booking photograph is an 11 imminent threat to an individual or to public safety and that 12 the release and publication of the booking photograph will 13 assist in reducing or eliminating the threat. 14 (3) A judge orders the release or publication of the booking 15 photograph based on a finding that the release or publication 16 furthers a legitimate interest. 17 (4) The person in the booking photograph has been convicted 18 or has pled guilty to a criminal offense for which the person 19 was arrested. 20 b. For purposes of this subsection, booking photograph 21 means a photograph or still, nonvideo image of a person 22 generated by a law enforcement agency for identification 23 purposes after an arrest or while the person is in the custody 24 of the law enforcement agency. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanations substance by the members of the general assembly. 28 This bill relates to confidential records including booking 29 photographs. 30 The bill defines booking photograph as a photograph 31 or still, nonvideo image of a person generated by a law 32 enforcement agency for identification purposes after an arrest 33 or while the person is in the law enforcement agencys custody. 34 The bill provides that a booking photograph is a 35 -1- LSB 1541YH (1) 91 as/js 1/ 2
H.F. 47 confidential record, but may be released, published, or 1 disseminated for any of the following reasons: the person 2 in the booking photograph is a fugitive, and releasing 3 or disseminating the booking photograph will assist in 4 apprehending the person; a law enforcement agency or 5 prosecuting agency determines that the person is an imminent 6 threat to an individual or to public safety; a judge orders the 7 release or dissemination of the booking photograph to further 8 a legitimate interest; or the person is convicted or pleads 9 guilty to a criminal offense for which the person was arrested 10 and a booking photograph was taken. 11 -2- LSB 1541YH (1) 91 as/js 2/ 2