SSHB265 4274 3918
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 265 2023 Regular Session Fontenot
CRIMINAL/RECORDS: Provides relative to release and dissemination of booking
photographs of an arrested person
Synopsis of Senate Amendments
1.Makes technical changes.
2.Removes the exception for a television broadcast station domiciled in La. and
licensed by the FCC which requests the release of the booking photograph.
3.Removes the exception for a victim who, prior to an individual's conviction,
seeks release or dissemination of the booking photograph pursuant to the rights
provided in present constitution (Art. I, Sec. 25).
Digest of Bill as Finally Passed by Senate
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.
(Adds C.Cr.P. Art. 234(C)(1)(f) and (g))
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