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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 407 By: Dossett
AS INTRODUCED
An Act relating to arrest booking photographs ;
requiring the removal of arrest bookin g photographs
upon written request; requiring inclusion of certain
information with request; establishing a deadline for
removal; prohibiting republication or dissemination
of removed photographs; authorizing civil action for
certain injunctive relief ; requiring award of court
costs and attorney fees in certain action;
authorizing impositi on of civil penalty; directing
deposit of certain amounts; prohibiting charging a
fee for removal of photographs; providing for
applicability of provisions; pr oviding exceptions;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as S ection 23 of Title 22, unless there is
created a duplication i n number, reads as follows:
A. A person whose arrest booking photograph is published or
otherwise disseminated may make a request in writing to the business
or individual who published or otherwise dissem inated the photograph
for the removal of the photograph. The written request for re moval
of the arrest booking photograph shall be sent by registered mail
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and include sufficient proof of identification of the person whose
photograph was published and specific information identifying the
photograph the written request is seeking to remove .
B. 1. Within ten (10) days after receipt of the writt en
request for removal of the arrest booking photograph, the business
or individual who published or otherwise diss eminated the photograph
shall remove the photograph and may not republish or otherwise
disseminate the photograph.
2. The person whose arrest booking photograph was published or
otherwise disseminated may bring a ci vil action to enjoin the
continued publication of the photograph if the business or
individual does not remove the arrest booking photograph within the
required time. The court shall award court costs and reasonable
attorney fees related to the issuance and enforcement of the
injunction and may impose a civil penalty of One Thousand Dollars
($1,000.00) per day for noncompliance . Amounts recovered from civil
penalties under this paragraph shall be deposited into the General
Revenue Fund.
3. If a business or individual is required to remove an arrest
booking photograph under this section and lat er republishes the
photograph, the person whose photograph is republished or otherwise
disseminated may bring a civil action to enjoin the continued
publication or dissemination of the photograph. The court shall
award court costs and reasonable attorney fees related to the
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issuance and enforcement of the injunction and may impose a civil
penalty of Five Thousand Dollars ($5,000.00) per day for
noncompliance. Amounts recovered from civil penalties under t his
paragraph shall be deposited into the General Revenue Fund.
C. A business or individual engaged in the business of
publishing or otherwise disseminating arrest booking photographs of
persons who have been previously a rrested may not solicit or accept
a fee or other form of payment for the removal of the photographs.
D. This section shall not apply to a business or individual
that publishes or disseminates information relating to arrest
booking photographs unless:
1. The business or individual solicits or accepts payment for
the removal of photographs; or
2. The business or individual’s primary business model is the
publishing and disseminating of arrest booking photographs for a
commercial purpose or pecuniary gain.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1371 TEK 1/16/2023 12:38:30 PM