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House
File
47
-
Introduced
HOUSE
FILE
47
BY
GUSTOFF
A
BILL
FOR
An
Act
relating
to
confidential
records
including
booking
1
photographs.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
47
Section
1.
Section
22.7,
Code
2025,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
5B.
a.
A
booking
photograph.
However,
a
3
booking
photograph
may
be
released,
published,
or
disseminated
4
for
any
of
the
following
reasons:
5
(1)
The
person
in
the
booking
photograph
is
a
fugitive
and
6
a
law
enforcement
agency
or
prosecuting
agency
determines
that
7
the
release
and
publication
of
the
booking
photograph
will
8
assist
in
apprehending
the
person.
9
(2)
A
law
enforcement
agency
or
prosecuting
agency
10
determines
that
the
person
in
the
booking
photograph
is
an
11
imminent
threat
to
an
individual
or
to
public
safety
and
that
12
the
release
and
publication
of
the
booking
photograph
will
13
assist
in
reducing
or
eliminating
the
threat.
14
(3)
A
judge
orders
the
release
or
publication
of
the
booking
15
photograph
based
on
a
finding
that
the
release
or
publication
16
furthers
a
legitimate
interest.
17
(4)
The
person
in
the
booking
photograph
has
been
convicted
18
or
has
pled
guilty
to
a
criminal
offense
for
which
the
person
19
was
arrested.
20
b.
For
purposes
of
this
subsection,
“booking
photograph”
21
means
a
photograph
or
still,
nonvideo
image
of
a
person
22
generated
by
a
law
enforcement
agency
for
identification
23
purposes
after
an
arrest
or
while
the
person
is
in
the
custody
24
of
the
law
enforcement
agency.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
confidential
records
including
booking
29
photographs.
30
The
bill
defines
“booking
photograph”
as
a
photograph
31
or
still,
nonvideo
image
of
a
person
generated
by
a
law
32
enforcement
agency
for
identification
purposes
after
an
arrest
33
or
while
the
person
is
in
the
law
enforcement
agency’s
custody.
34
The
bill
provides
that
a
booking
photograph
is
a
35
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confidential
record,
but
may
be
released,
published,
or
1
disseminated
for
any
of
the
following
reasons:
the
person
2
in
the
booking
photograph
is
a
fugitive,
and
releasing
3
or
disseminating
the
booking
photograph
will
assist
in
4
apprehending
the
person;
a
law
enforcement
agency
or
5
prosecuting
agency
determines
that
the
person
is
an
imminent
6
threat
to
an
individual
or
to
public
safety;
a
judge
orders
the
7
release
or
dissemination
of
the
booking
photograph
to
further
8
a
legitimate
interest;
or
the
person
is
convicted
or
pleads
9
guilty
to
a
criminal
offense
for
which
the
person
was
arrested
10
and
a
booking
photograph
was
taken.
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