West Virginia 2023 Regular Session

West Virginia House Bill HB2981

Introduced
1/24/23  

Caption

Prohibit the sheriff’s department from posting mug shot photos for an arrest

Impact

If enacted, HB2981 would significantly alter how arrest records are handled in West Virginia, specifically in relation to mug shots. The bill seeks to diminish the public's access to these images, creating a clear distinction between arrested individuals and those formally convicted. The intent is to protect the rights of individuals who may be presumed innocent but find their images circulating on public platforms, potentially harming their reputation and future opportunities.

Summary

House Bill 2981 aims to amend §62-1-5 of the Code of West Virginia to restrict the release of mug shots taken at jails. Under this bill, mug shots of individuals arrested for a crime would not be publicly accessible unless the person is subsequently convicted of that crime or confesses. This legislative change addresses concerns over privacy rights and the potential stigma associated with public mug shot releases, especially for individuals who have not been convicted.

Sentiment

The sentiment surrounding this bill appears to be generally supportive among privacy advocates and individuals concerned about the fairness of pre-conviction public exposure. Proponents argue that the bill is a necessary step toward modernizing privacy protections within the criminal justice system. However, it may face opposition from those who feel that public access to mug shots serves as a necessary transparency measure in law enforcement practices.

Contention

Notable points of contention may arise regarding the balance between transparency and privacy in law enforcement. Critics may question the implications of restricting access to mug shots for community safety and public awareness. Additionally, there may be concerns from those within law enforcement who could argue that such measures limit their ability to inform the public about arrests and maintain community safety protocols.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4796

Prohibit the sheriff’s department from posting mug shot photos for an arrest

WV HB4621

Relating to the Division of Corrections and Rehabilitation posting booking photographs of an accused person

WV SB558

Prohibiting law-enforcement agencies from posting booking photographs of certain criminal defendants on social media

WV HB2497

Prohibiting district magistrate judges from issuing search warrants.

WV HB2318

Arrest of probationer without a warrant; repeals provision.

WV AB1990

Criminal procedure: arrests: shoplifting.

WV HB3004

Prohibiting entry by illegal aliens

WV SB1098

Protected health care activity; prohibition on extradition.

WV HB181

Criminal records; sealing of records.

WV SB543

Criminal records; sealing of records.

Similar Bills

No similar bills found.