RÉSUMÉ DIGEST
ACT 303 (HB 265) 2023 Regular Session Fontenot
Existing law provides that a booking photograph as defined in existing 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 existing law, except
stalking, or charged with certain enumerated offenses.
New law amends existing 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.
Effective August 1, 2023.
(Adds C.Cr.P. Art. 234(C)(1)(f) and (g))