HB0051 • 2022

Prohibiting the release of mugshots unless convicted.

AN ACT relating to criminal history records; limiting the dissemination of photographs of arrested individuals taken during the admitting process as specified; and providing for an effective date.

Crime

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Representative Banks
Last action: 2022-02-25
Official status: inactive
Effective date: 3/1/2022

Plain English Breakdown

The bill's status and lack of further action are clearly stated in the official source material.

Limiting Mugshot Release

The bill limits when mugshots of arrested people can be released to the public.

What This Bill Does

Limits when mugshots of arrested individuals can be shared with the public.
Requires a conviction before releasing mugshots unless ordered by a judge or requested by a criminal justice agency.
Allows judges to order the release of mugshots if it helps law enforcement.
Permits criminal justice agencies to request mugshot releases if someone is a fugitive or poses an immediate threat.

Who It Names or Affects

Arrested individuals whose mugshots are taken during admission into custody.
Law enforcement and criminal justice agencies that may release mugshots.
The public who might access these mugshots.

Terms To Know

Mugshot: A photograph of a person taken after they are arrested.
Conviction: When someone is found guilty or pleads guilty to a crime in court.

Limits and Unknowns

The bill did not pass and was not considered for further action.
It only applies to mugshots taken during admission into custody, not after conviction.
Details on enforcement and penalties are not specified.
The effective date of July 1, 2022, is mentioned in the official text but irrelevant since the bill did not pass.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0051HS001

Standing Committee • House Judiciary Committee

Filed

Plain English: The amendment changes a part of the bill to add conditions under which mugshots can be released, specifically allowing their release if it serves a legitimate law enforcement interest.

Adds language that allows for the release or dissemination of photographs taken during arrest processes if it is for any legitimate law enforcement purpose.

The amendment does not specify what constitutes 'legitimate law enforcement interests,' which could leave room for interpretation.
It's unclear how this change will interact with other parts of the bill that restrict mugshot releases.

Bill History

2022-02-25 House
H COW:H Did not consider for COW
2022-02-22 House
H Placed on General File
2022-02-22 House
H01 - Judiciary:Recommend Amend and Do Pass 5-4-0-0-0
2022-02-17 House
H Introduced and Referred to H01 - Judiciary 48-11-1-0-0
2022-02-11 House
H Received for Introduction
2022-01-31 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

22LSO-0263
2022
STATE OF WYOMING
22LSO-0263
Numbered
2.0

HOUSE BILL NO. HB0051

Prohibiting the release of mugshots unless convicted.

Sponsored by: Representative(s) Banks and LeBeau and Senator(s) Kolb

A BILL

for

AN ACT relating to criminal history records; limiting the dissemination of photographs of arrested individuals taken during the admitting process as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 7
‑
19
‑
106(m)(ii) and by creating a new subsection (o) is amended to read:

7
‑
19
‑
106.

Access to, and dissemination of, information.

(m)

Notwithstanding any other provision of this act, the Wyoming department of corrections and county jails may release the following information regarding any individual, except juveniles charged with a status offense as defined by W.S. 14
‑
6
‑
201(a)(xxiii), who is or has been committed to the supervision or custody of the department or county jails, unless release of the information could compromise the physical safety of the individual:

(ii)

Photograph and physical description
. The release of a photograph taken during the process of admitting an arrested individual into custody shall be subject to subsection (o) of this
section
;

(o)

Notwithstanding any other provisions of this act, the Wyoming department of corrections and county jails shall not release a photograph taken of an arrested individual during the process of admitting the individual into custody unless:

(i)

The individual is convicted of a criminal offense based upon the conduct for which the individual was incarcerated at the time the photograph was
taken;

(ii)

A judge orders the release or dissemination of the photograph based on a finding that the release or dissemination is in furtherance of a legitimate law enforcement interest; or

(iii)

A criminal justice agency requests the release of the photograph after determining that:

(A)

The individual is a fugitive or an imminent threat to an individual or to public safety; and

(B)

Releasing or disseminating the photograph will assist in apprehending the individual or eliminating the threat posed by the individual.

Section 2
.

This act is effective July 1, 2022
.

(END)

1
HB0051