Senate File 69 - Introduced SENATE FILE 69 BY TAYLOR 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 2255XS (2) 91 as/js
S.F. 69 Section 1. Section 22.7, Code 2025, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 5B. a. A booking photograph. 3 Nothwithstanding any other provision of this section, a booking 4 photograph may be released, published, or disseminated for any 5 of the following reasons: 6 (1) A court has determined that the person in the booking 7 photograph is a fugitive and that the release and publication 8 of the booking photograph will assist in apprehending the 9 person. 10 (2) A court has determined that the person in the booking 11 photograph is an imminent threat to an individual or to public 12 safety and that the release and publication of the booking 13 photograph will assist in reducing or eliminating the threat. 14 (3) The person in the booking photograph has been convicted 15 of a class A or class B felony not involving a controlled 16 substance. 17 b. For purposes of this subsection, booking photograph 18 means a photograph or still, nonvideo image of a person 19 generated by a law enforcement agency for identification 20 purposes after an arrest or while the person is in the custody 21 of the law enforcement agency. 22 c. This subsection shall not apply to a law enforcement 23 agencys confidential dissemination of a booking photograph to 24 other law enforcement agencies in the performance of official 25 duties. 26 d. For purposes of this subsection, conviction does not 27 include a deferred judgment unless the deferred judgment was 28 subsequently revoked by the court and judgment was pronounced 29 and a sentence was imposed. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanations substance by the members of the general assembly. 33 This bill relates to confidential records including booking 34 photographs. 35 -1- LSB 2255XS (2) 91 as/js 1/ 2
S.F. 69 The bill defines booking photograph as a photograph 1 or still, nonvideo image of a person generated by a law 2 enforcement agency for identification purposes after an arrest 3 or while the person is in the law enforcement agencys custody. 4 The bill provides that a booking photograph is a 5 confidential record, but may be released, published, or 6 disseminated for any of the following reasons: a court has 7 determined that the person in the booking photograph is a 8 fugitive, and releasing or disseminating the booking photograph 9 will assist in apprehending the person; a court determines that 10 the person is an imminent threat to an individual or to public 11 safety; or the person is convicted of a class A or class B 12 felony not involving a controlled substance. 13 The bill does not apply to interagency dissemination of 14 booking photographs between law enforcement agencies. 15 For purposes of the bill, conviction does not include a 16 deferred judgment unless the deferred judgment was subsequently 17 revoked by the court and judgment was pronounced and a sentence 18 was imposed. 19 -2- LSB 2255XS (2) 91 as/js 2/ 2