PROHIBITION ON DISCLOSING BOOKING PHOTOGRAPHS.

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View NCGA Bill Details2023-2024 Session
House Bill 778 (Public) Filed Tuesday, April 18, 2023
AN ACT TO REGULATE THE DISSEMINATION AND REMOVAL OR DESTRUCTION OF BOOKING PHOTOGRAPHS.
Intro. by John, T. Brown, Reives.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 4 2023)
H 778

Bill Summaries:

  • Summary date: Apr 20 2023 - View Summary

    Enacts new GS 15A-502.01 prohibiting a law enforcement agency from providing a booking photograph, defined as a photo or image of an individual who is alleged to have committed a crime that is taken by law enforcement at the initial booking, of a defendant pretrial to any publish-for-pay publication or publish-for-pay website (both as defined). Mandates that a publish-for-pay publication or website remove and destroy a booking photograph of any individual who submits a request for removal and destruction pursuant to GS 15A-152(a1), as enacted. Provides that conditioning removal upon payment of a fee or other item of value can constitute a criminal offense and subject the entity to a civil penalty under GS 15A-152(c), as amended. 

    Amends GS 15A-153 by enacting new subsection (a1), explicitly requiring a publish-for-pay publication or website to remove and destroy any booking photograph within seven business days of receiving notice to remove the booking photograph if there is no criminal conviction related to the arrest that generated the photograph and the individual submits with the request written documentation that the criminal charge related to the arrest that generated the photograph resulted in a dismissal, acquittal, expunction, or that the grand jury returned no true bill on a proposed indictment. Amends subsection (c) to make a publish-for-pay publication or website that fails to remove and destroy a booking photograph liable for any damages sustained as a result of the violation by the person that is the subject of the booking photograph, including $100 per day for each day after the seven-day deadline on which the photo is visible or publicly accessible in the publish-for-pay publication or website, with the prevailing party also entitled to court costs and reasonable attorneys' fees. Provides that this liability is in addition to other punishment or penalty under law. 

    Effective December 1, 2023 and applies to: (1) disclosures of booking photographs by a law enforcement agency occurring on or after that date; (2) requests for removal and destruction submitted on or after that date; (3) the conditioning of removal or destruction of a booking photograph on the payment of any fee or other item of value occurring on or after that date; and (4) the failure to remove and destroy a booking photograph in accordance with GS 15A-502.01 occurring on or after that date.