Read the full stored bill text
Senate
File
69
-
Introduced
SENATE
FILE
69
BY
TAYLOR
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
TLSB
2255XS
(2)
91
as/js
S.F.
69
Section
1.
Section
22.7,
Code
2025,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
5B.
a.
A
booking
photograph.
3
Nothwithstanding
any
other
provision
of
this
section,
a
booking
4
photograph
may
be
released,
published,
or
disseminated
for
any
5
of
the
following
reasons:
6
(1)
A
court
has
determined
that
the
person
in
the
booking
7
photograph
is
a
fugitive
and
that
the
release
and
publication
8
of
the
booking
photograph
will
assist
in
apprehending
the
9
person.
10
(2)
A
court
has
determined
that
the
person
in
the
booking
11
photograph
is
an
imminent
threat
to
an
individual
or
to
public
12
safety
and
that
the
release
and
publication
of
the
booking
13
photograph
will
assist
in
reducing
or
eliminating
the
threat.
14
(3)
The
person
in
the
booking
photograph
has
been
convicted
15
of
a
class
“A”
or
class
“B”
felony
not
involving
a
controlled
16
substance.
17
b.
For
purposes
of
this
subsection,
“booking
photograph”
18
means
a
photograph
or
still,
nonvideo
image
of
a
person
19
generated
by
a
law
enforcement
agency
for
identification
20
purposes
after
an
arrest
or
while
the
person
is
in
the
custody
21
of
the
law
enforcement
agency.
22
c.
This
subsection
shall
not
apply
to
a
law
enforcement
23
agency’s
confidential
dissemination
of
a
booking
photograph
to
24
other
law
enforcement
agencies
in
the
performance
of
official
25
duties.
26
d.
For
purposes
of
this
subsection,
“conviction”
does
not
27
include
a
deferred
judgment
unless
the
deferred
judgment
was
28
subsequently
revoked
by
the
court
and
judgment
was
pronounced
29
and
a
sentence
was
imposed.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
confidential
records
including
booking
34
photographs.
35
-1-
LSB
2255XS
(2)
91
as/js
1/
2
S.F.
69
The
bill
defines
“booking
photograph”
as
a
photograph
1
or
still,
nonvideo
image
of
a
person
generated
by
a
law
2
enforcement
agency
for
identification
purposes
after
an
arrest
3
or
while
the
person
is
in
the
law
enforcement
agency’s
custody.
4
The
bill
provides
that
a
booking
photograph
is
a
5
confidential
record,
but
may
be
released,
published,
or
6
disseminated
for
any
of
the
following
reasons:
a
court
has
7
determined
that
the
person
in
the
booking
photograph
is
a
8
fugitive,
and
releasing
or
disseminating
the
booking
photograph
9
will
assist
in
apprehending
the
person;
a
court
determines
that
10
the
person
is
an
imminent
threat
to
an
individual
or
to
public
11
safety;
or
the
person
is
convicted
of
a
class
“A”
or
class
“B”
12
felony
not
involving
a
controlled
substance.
13
The
bill
does
not
apply
to
interagency
dissemination
of
14
booking
photographs
between
law
enforcement
agencies.
15
For
purposes
of
the
bill,
“conviction”
does
not
include
a
16
deferred
judgment
unless
the
deferred
judgment
was
subsequently
17
revoked
by
the
court
and
judgment
was
pronounced
and
a
sentence
18
was
imposed.
19
-2-
LSB
2255XS
(2)
91
as/js
2/
2