HLS 23RS-786 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 265
BY REPRESENTATIVE FONTENOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/RECORDS: Provides relative to release and dissemination of booking
photographs of an arrested person
1 AN ACT
2To enact Code of Criminal Procedure Article 234(C)(1)(f) through (i), relative to photo
3 identification of an arrested person; to provide relative to the duty of law
4 enforcement; to provide for the release or dissemination of booking photographs
5 under certain circumstances; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 234(C)(1)(f) through (i) are hereby
8enacted to read as follows:
9 Art. 234. Booking photographs
10 * * *
11 C.(1) No law enforcement officer or agency shall publish, release, or
12 disseminate in any format a booking photograph to the public or to a private person
13 or entity unless any of the following occurs:
14 * * *
15 (f) The individual is released on a bail undertaking and the law enforcement
16 officer or agency is requested to release or disseminate the booking photograph to
17 the individual's surety agent.
18 (g) A law enforcement officer or agency determines that releasing or
19 disseminating the booking photograph is necessary for investigative purposes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-786 REENGROSSED
HB NO. 265
1 (h) A television broadcast station domiciled in Louisiana and licensed by the
2 Federal Communications Commission requests the release of the booking
3 photograph.
4 (i) Prior to the individual's conviction, a victim seeks release or
5 dissemination of the booking photograph pursuant to the rights provided in Article
6 I, Section 25 of the Constitution of Louisiana.
7 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 265 Reengrossed 2023 Regular Session Fontenot
Abstract: Provides for additional exceptions that permit a law enforcement officer or
agency to publish, release, or disseminate a booking photograph.
Present law (C.Cr.P. Art. 234(C)) provides that a booking photograph as defined in present
law shall not be subject to the Public Records Law and prohibits a law enforcement officer
or agency from publishing, releasing, or disseminating a booking photograph to the public
or to a private person or entity unless:
(1)The individual is a fugitive and such release will assist in apprehending the
individual.
(2)The individual is an imminent threat and such release will assist in reducing or
eliminating the threat.
(3)A judge orders such release based upon a finding that the release is in furtherance of
a legitimate interest.
(4)The individual is convicted of the crime for which he was arrested.
(5)The individual is charged with a crime of violence as defined in present law (R.S.
14:2(B)), except stalking, or charged with certain enumerated offenses.
Proposed law amends present law to add the following exceptions:
(1)An individual is released on a bail undertaking and the law enforcement officer or
agency is requested to release or disseminate the booking photograph to the
individual's surety agent.
(2)A law enforcement officer or agency determines that releasing or disseminating the
booking photograph is necessary for investigative purposes.
(3)A television broadcast station domiciled in La. and licensed by the FCC requests the
release of the booking photograph.
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HB NO. 265
(4)A victim seeks release or dissemination of the booking photograph pursuant to the
rights provided in present constitution (Art. I, Sec. 25) prior to the individual's
conviction.
(Adds C.Cr.P. Art. 234(C)(1)(f)-(i))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes.
2. Add exceptions for the following:
(a)A law enforcement officer or agency determines that releasing or
disseminating the booking photograph will assist in investigative
purposes.
(b)A television broadcast station domiciled in La. and licensed by the FCC
requests the release of the booking photograph.
(c)A victim seeks release or dissemination of the booking photograph
pursuant to the rights provided in present constitution (Art. I, Sec. 25)
prior to the individual's conviction.
The House Floor Amendments to the engrossed bill:
1. Amend the proposed law exception relevant to law enforcement investigative
purposes to clarify that dissemination of the booking photograph is necessary for
such investigative purposes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.