Booking-photo publishers would face removal rules and payment bans

A person who publishes or shares a booking photo would commit an offense by asking for or taking payment to remove or destroy it, or to keep it from being published. A booking photo is an identification image made by law enforcement. Each payment asked for or accepted in violation would count as a separate offense.

Covered agencies would have to post monitored contact details online and remove and destroy an eligible photo after a request. These rules cover noncriminal justice agencies that publish or otherwise share booking photos. The person must request removal and provide reasonable documents showing that the charges ended without conviction, have a court-ordered or clean-slate limit on public access, were expunged or vacated by court order, or were pardoned. An agency that misses the deadline would owe a $100 civil penalty for each following day the photo remains published or shared. The agency would have seven calendar days after receiving the request to remove and destroy the photo. The act would take effect 60 days after enactment.