Talk:Mug shot publishing industry/Legislation section

Split out of Legislation section

Several state legislatures have introduced bills to regulate the mug shot publishing industry. These bills often require that operators of mug shot websites remove information about individuals who were arrested but never convicted. This removal would have to occur after a specified period of time and without charging a fee to the person arrested.

On July 9, 2014 Gov. Jay Nixon signed legislation making it a misdemeanor to publish police booking photos on websites and then seek money to take the photos down. HB1665 became effective on August 28, 2014.
 * Missouri

New Jersey introduced a bill that would prevent the dissemination of mugshots until the suspect has been found guilty. The measure (A3906), approved 9-0 with one abstention by the Assembly Law and Public Safety Committee, would amend the state's open public records act to make confidential the photographs of anyone arrested if they have not yet been convicted.
 * New Jersey

A bill was filed in Oregon's House in 2013 that would forbid any law enforcement agency from publishing mug shots online. A single individual's mug shot and booking information could still be obtained through written requests submitted in person. The bill has been amended removing those provisions but now requires mug shot sites to remove mug shots within 30 days after receiving paperwork showing that the charges did not result in a conviction.
 * Oregon

Lawmakers led by Sen. Paul Thurmond, R-Charleston, are working Senate Bill 255 that would require websites take down booking photos if the people aren’t found guilty.
 * South Carolina

During its 2013 legislative session, the Texas State Senate passed two bills regulating the businesses who publish mug shots and accept payment to remove the information. It requires these businesses to publish either an e-mail address, fax number, or a mailing address to allow people to contact the business. Any individual can contact the business disputing the accuracy of the information being published by the business. The business has 45 days to respond, in writing, about the dispute and the results of its investigation into the dispute. The bill also forbids these businesses from publishing the arrest records of anyone who has not been convicted and establishes a fine for those business that do so.
 * Texas

On April 1, 2013, Utah Governor Gary Herbert signed HB 408 into law. The bill prohibits booking photos from appearing on mug shot websites that require payment to remove the image. It requires that any individual requesting booking photos to sign a sworn statement that the image they received will not be used these kinds of websites. Violations of that sworn statement could result in criminal charges of lying to police.
 * Utah

On March 23, 2015 SB 720 was signed into law. SB720 creates a civil action against any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the criminal history record information of an individual pertaining to that individual's charge or arrest for a criminal offense and solicits, requests, or accepts money or other thing of value for removing such information. Such person shall be liable to the individual who is the subject of the information for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs.
 * Virginia