H.B. 408

1

CRIMINAL SUSPECT PHOTOGRAPHS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul Ray
5 Senate Sponsor: Daniel W. Thatcher
6
7 LONG TITLE
8 General Description:
9 This bill enacts a provision relating to photographs of criminal suspects.
10 Highlighted Provisions:
11 This bill:
12 . prohibits county sheriffs from providing a copy of a booking photograph to a person
13 if the photograph will be placed in a publication or posted on a website that requires
14 a payment in order to remove the photograph;
15 . requires a person requesting a copy of a booking photograph to sign a statement that
16 the photograph will not be placed in a publication or on a website that requires
17 payment in order to remove the photograph; and
18 . provides a criminal penalty for a false statement.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 17-22-30, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 17-22-30 is enacted to read:
29 17-22-30. Prohibition on providing copy of booking photograph -- Statement
30 required -- Criminal liability for false statement.
31 (1) As used in this section, "booking photograph" means a photograph or image of an
32 individual that is generated:
33 (a) for identification purposes; and
34 (b) when the individual is booked into a county jail.
35 (2) A sheriff may not provide a copy of a booking photograph in any format to a person
36 requesting a copy of the booking photograph if:
37 (a) the booking photograph will be placed in a publication or posted to a website; and
38 (b) removal of the booking photograph from the publication or website requires the
39 payment of a fee or other consideration.
40 (3) (a) A person who requests a copy of a booking photograph from a sheriff shall, at
41 the time of making the request, submit a statement signed by the person affirming that the
42 booking photograph will not be placed in a publication or posted to a website that requires the
43 payment of a fee or other consideration in order to remove or delete the booking photograph
44 from the publication or website.
45 (b) A person who submits a false statement under Subsection (3)(a) is subject to
46 criminal liability as provided in Section 76-8-504 .




Legislative Review Note
as of 2-22-13 6:58 AM

Office of Legislative Research and General Counsel

[Bill Documents]