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 Original 2023 Regular Session Fontenot
Abstract: Provides for an additional exception that permits 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 an exception for when 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.
(Adds C.Cr.P. Art. 234(C)(1)(f))