1     
BOOKING PHOTOGRAPHS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Paul Ray

6     

7     LONG TITLE
8     General Description:
9          This bill imposes booking photograph removal and destruction requirements on certain
10     publications and websites that publish and post booking photographs.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires a certain publication or website to remove and destroy a booking
15     photograph when the individual in the booking photograph requests removal and
16     destruction within certain time periods;
17          ▸     prohibits a certain publication or website from:
18               •     conditioning removal and destruction of a booking photograph on the payment
19     of a fee depending on the disposition of the related criminal charge; or
20               •     conditioning removal and destruction of a booking photograph on the payment
21     of a fee above a certain amount in certain circumstances;
22          ▸     for a booking photograph publication or website that does not comply with a
23     requirement to remove and destroy a booking photograph:
24               •     allows for the imposition of a civil penalty; and
25               •     provides for liability for certain legal costs; and
26          ▸     makes technical changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          17-22-30, as enacted by Laws of Utah 2013, Chapter 404
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 17-22-30 is amended to read:
37          17-22-30. Prohibition on providing copy of booking photograph -- Statement
38     required -- Criminal liability for false statement -- Remedy for failure to remove or
39     delete.
40          (1) As used in this section[,]:
41          (a) ["booking] "Booking photograph" means a photograph or image of an individual
42     that is generated:
43          [(a)] (i) for identification purposes; and
44          [(b)] (ii) when the individual is booked into a county jail.
45          (b) "Publish-for-pay publication" or "publish-for-pay website" means a publication or
46     website that requires the payment of a fee or other consideration in order to remove or delete a
47     booking photograph from the publication or website.
48          (2) A sheriff may not provide a copy of a booking photograph in any format to a person
49     requesting a copy of the booking photograph if[:(a) ] the booking photograph will be placed in
50     a publish-for-pay publication or posted to a publish-for-pay website[; and].
51          [(b) removal of the booking photograph from the publication or website requires the
52     payment of a fee or other consideration.]
53          (3) (a) A person who requests a copy of a booking photograph from a sheriff shall, at
54     the time of making the request, submit a statement signed by the person affirming that the
55     booking photograph will not be placed in a publish-for-pay publication or posted to a
56     publish-for-pay website [that requires the payment of a fee or other consideration in order to
57     remove or delete the booking photograph from the publication or website].
58          (b) A person who submits a false statement under Subsection (3)(a) is subject to
59     criminal liability as provided in Section 76-8-504.
60          (4) (a) Except as provided in Subsection (5), a publish-for-pay publication or a
61     publish-for-pay website shall remove and destroy a booking photograph of an individual who
62     submits a request for removal and destruction within 30 calendar days after the day on which
63     the individual makes the request.
64          (b) A publish-for-pay publication or publish-for-pay website described in Subsection
65     (4)(a) may not condition removal or destruction of the booking photograph on the payment of a
66     fee in an amount greater than $50.
67          (c) If the publish-for-pay publication or publish-for-pay website described in
68     Subsection (4)(a) does not remove and destroy the booking photograph in accordance with
69     Subsection (4)(a), the publish-for-pay publication or publish-for-pay website is liable for:
70          (i) all costs, including reasonable attorney fees, resulting from any legal action the
71     individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay
72     website to remove and destroy the booking photograph; and
73          (ii) a civil penalty of $50 per day for each day after the 30-day deadline described in
74     Subsection (4)(a) on which the booking photograph is visible or publicly accessible in the
75     publish-for-pay publication or on the publish-for-pay website.
76          (5) (a) A publish-for-pay publication or a publish-for-pay website shall remove and
77     destroy a booking photograph of an individual who submits a request for removal and
78     destruction within seven calendar days after the day on which the individual makes the request
79     if:
80          (i) the booking photograph relates to a criminal charge:
81          (A) on which the individual was acquitted or not prosecuted; or
82          (B) that was expunged, vacated, or pardoned; and
83          (ii) the individual submits, in relation to the request, evidence of a disposition
84     described in Subsection (5)(a)(i).
85          (b) If the publish-for-pay publication or publish-for-pay website described in
86     Subsection (5)(a) does not remove and destroy the booking photograph in accordance with
87     Subsection (5)(a), the publish-for-pay publication or publish-for-pay website is liable for:
88          (i) all costs, including reasonable attorney fees, resulting from any legal action that the
89     individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay
90     website to remove and destroy the booking photograph; and
91          (ii) a civil penalty of $100 per day for each day after the seven-day deadline described
92     in Subsection (5)(a) on which the booking photograph is visible or publicly accessible in the
93     publish-for-pay publication or on the publish-for-pay website.
94          (c) An act of a publish-for-pay publication or publish-for-pay website described in
95     Subsection (5)(a) that seeks to condition removal or destruction of the booking photograph on
96     the payment of any fee or amount constitutes theft by extortion under Section 76-6-406.