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.
(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.