Bill Text: MN HF1940 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Booking photograph data practices provisions established.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-03-24 - Second reading [HF1940 Detail]
Download: Minnesota-2013-HF1940-Engrossed.html
1.2relating to data practices; booking photographs;amending Minnesota Statutes
1.32012, section 13.82, subdivision 26; proposing coding for new law in Minnesota
1.4Statutes, chapter 325E.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.82, subdivision 26, is amended to read:
1.7 Subd. 26. Booking photographs. (a) For purposes of this subdivision, "booking
1.8photograph" means a photograph or electronically produced image taken by law
1.9enforcement for identification purposes in connection with the arrest of a person.
1.10(b) Except as otherwise provided in this subdivision, a booking photograph is public
1.11data. A law enforcement agency may temporarily withhold access to a booking photograph
1.12if the agency determines that access will adversely affect an active investigation.
1.13(c) Notwithstanding sections 13.03 and 13.05, subdivision 12, a copy of a booking
1.14photograph made public under this subdivision may only be provided or made available on
1.15the agency's Web site to a person upon submission of the following to the law enforcement
1.16agency that maintains the original photograph:
1.17(1) the legal name and address of the person making the request and, if the person is
1.18making the request on behalf of a business entity, the name of the business, the address
1.19of the business' headquarters and state of incorporation and, if applicable, the name and
1.20address of the business' majority shareholders or directors;
1.21(2) a brief statement of the purpose of the request and the manner in which the
1.22photograph is intended to be used; and
1.23(3) if the photograph will be published, a list of all locations and formats of
1.24publication, including Web site addresses if applicable.
2.1If a person receives a copy of a booking photograph under this subdivision and later
2.2determines that the photograph will be published in a location or format not originally
2.3disclosed, the person must provide a supplemental disclosure to the agency containing
2.4the detail required by clause (3) prior to the photograph's publication in the new location
2.5or format.
2.6 (d) If a person receives or obtains a copy of a booking photograph under this
2.7subdivision and intends to sell or transfer the photograph to another person, the new
2.8recipient of the photograph must file a disclosure meeting the requirements of this
2.9paragraph to the law enforcement agency that maintains the original photograph prior
2.10to use or publication of the photograph. Prior to a private sale or transfer of a booking
2.11photograph, the person selling or transferring the photograph must notify the recipient, in
2.12writing, of the disclosure obligations contained in this section.
2.13 (e) A person who violates this subdivision, including but not limited to
2.14misrepresentations or failure to disclose truthful, complete, or accurate information to
2.15the appropriate law enforcement agency as required by this section, shall be subject to
2.16the penalties provided in section 325E.80.
2.17 (f) The provisions of paragraphs (c) to (e) do not apply to the transfer of a booking
2.18photograph to another federal, state, or local law enforcement agency, another government
2.19entity, or to the judicial branch, to the extent the transfer is otherwise authorized by law, or
2.20to the subject of the photograph or an attorney representing the subject of the photograph
2.21in an active criminal proceeding, or to a bona fide news organization or producer of news
2.22features.
2.23 Sec. 2. [325E.80] ARREST DATA.
2.24 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
2.25subdivision have the meanings given them.
2.26(b) "Booking photograph" has the meaning given in section 13.82, subdivision
2.2726, paragraph (a).
2.28(c) "Person" means any natural person or any legal corporate entity.
2.29(d) "Remove" means the removal or deletion of a photograph from a Web site or
2.30publication.
2.31 Subd. 2. Prohibition on payment. No person may publish a booking photograph to
2.32any Web site or publication if the Web site or publication requires payment of a fee or
2.33other consideration to remove the photograph.
2.34 Subd. 3. Removal or deletion. (a) Any person receiving booking photographs
2.35under section 13.82, subdivision 26, must clearly and conspicuously advertise, in an
3.1easily identifiable spot on their Web site or publication, a method or process for removal
3.2of photographs.
3.3(b) After an individual has requested that a Web site or publication remove a booking
3.4photograph under paragraph (a), the person maintaining the Web site or publication must
3.5conduct an investigation into whether the individual pictured in the booking photograph
3.6was convicted of a crime in connection with the arrest. Where possible, the individual
3.7seeking removal or deletion of the booking photograph must provide the Web site or
3.8publication with proof that there was no conviction, and:
3.9(1) if the individual was not convicted of a crime in connection with the arrest, the
3.10Web site or publication must delete the photograph immediately; or
3.11(2) if the individual was convicted of the crime listed, the individual may request
3.12that the Web site or publication alter the information posted to include no more than the
3.13individual's first name, last initial, and crime of conviction.
3.14(c) Under no circumstance may any person require the payment of a fee or any other
3.15consideration to remove a booking photograph.
3.16(d) Upon completion of the investigation, if the person finds that an individual
3.17was not convicted of a crime, that person is prohibited from posting the same booking
3.18photograph to any other Web site or publication it maintains.
3.19 Subd. 4. Liability. (a) Any person maintaining a Web site or publication that is in
3.20violation of any provision of this section is civilly liable to the individual in the booking
3.21photograph. That individual may recover $500 per posted photograph.
3.22(b) Failure to remove or delete a photograph within 30 days, or to limit the
3.23information provided, as required under subdivision 3, entitles the individual in the
3.24booking photograph to recover treble damages, or $1,500 per image posted.
3.25(c) Failure to comply with the agreement in section 13.82, subdivision 26, paragraph
3.26(c), will result in treble damages, or $1,500 for each violation.
1.32012, section 13.82, subdivision 26; proposing coding for new law in Minnesota
1.4Statutes, chapter 325E.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.82, subdivision 26, is amended to read:
1.7 Subd. 26. Booking photographs. (a) For purposes of this subdivision, "booking
1.8photograph" means a photograph or electronically produced image taken by law
1.9enforcement for identification purposes in connection with the arrest of a person.
1.10(b) Except as otherwise provided in this subdivision, a booking photograph is public
1.11data. A law enforcement agency may temporarily withhold access to a booking photograph
1.12if the agency determines that access will adversely affect an active investigation.
1.13(c) Notwithstanding sections 13.03 and 13.05, subdivision 12, a copy of a booking
1.14photograph made public under this subdivision may only be provided or made available on
1.15the agency's Web site to a person upon submission of the following to the law enforcement
1.16agency that maintains the original photograph:
1.17(1) the legal name and address of the person making the request and, if the person is
1.18making the request on behalf of a business entity, the name of the business, the address
1.19of the business' headquarters and state of incorporation and, if applicable, the name and
1.20address of the business' majority shareholders or directors;
1.21(2) a brief statement of the purpose of the request and the manner in which the
1.22photograph is intended to be used; and
1.23(3) if the photograph will be published, a list of all locations and formats of
1.24publication, including Web site addresses if applicable.
2.1If a person receives a copy of a booking photograph under this subdivision and later
2.2determines that the photograph will be published in a location or format not originally
2.3disclosed, the person must provide a supplemental disclosure to the agency containing
2.4the detail required by clause (3) prior to the photograph's publication in the new location
2.5or format.
2.6 (d) If a person receives or obtains a copy of a booking photograph under this
2.7subdivision and intends to sell or transfer the photograph to another person, the new
2.8recipient of the photograph must file a disclosure meeting the requirements of this
2.9paragraph to the law enforcement agency that maintains the original photograph prior
2.10to use or publication of the photograph. Prior to a private sale or transfer of a booking
2.11photograph, the person selling or transferring the photograph must notify the recipient, in
2.12writing, of the disclosure obligations contained in this section.
2.13 (e) A person who violates this subdivision, including but not limited to
2.14misrepresentations or failure to disclose truthful, complete, or accurate information to
2.15the appropriate law enforcement agency as required by this section, shall be subject to
2.16the penalties provided in section 325E.80.
2.17 (f) The provisions of paragraphs (c) to (e) do not apply to the transfer of a booking
2.18photograph to another federal, state, or local law enforcement agency, another government
2.19entity, or to the judicial branch, to the extent the transfer is otherwise authorized by law, or
2.20to the subject of the photograph or an attorney representing the subject of the photograph
2.21in an active criminal proceeding, or to a bona fide news organization or producer of news
2.22features.
2.23 Sec. 2. [325E.80] ARREST DATA.
2.24 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
2.25subdivision have the meanings given them.
2.26(b) "Booking photograph" has the meaning given in section 13.82, subdivision
2.2726, paragraph (a).
2.28(c) "Person" means any natural person or any legal corporate entity.
2.29(d) "Remove" means the removal or deletion of a photograph from a Web site or
2.30publication.
2.31 Subd. 2. Prohibition on payment. No person may publish a booking photograph to
2.32any Web site or publication if the Web site or publication requires payment of a fee or
2.33other consideration to remove the photograph.
2.34 Subd. 3. Removal or deletion. (a) Any person receiving booking photographs
2.35under section 13.82, subdivision 26, must clearly and conspicuously advertise, in an
3.1easily identifiable spot on their Web site or publication, a method or process for removal
3.2of photographs.
3.3(b) After an individual has requested that a Web site or publication remove a booking
3.4photograph under paragraph (a), the person maintaining the Web site or publication must
3.5conduct an investigation into whether the individual pictured in the booking photograph
3.6was convicted of a crime in connection with the arrest. Where possible, the individual
3.7seeking removal or deletion of the booking photograph must provide the Web site or
3.8publication with proof that there was no conviction, and:
3.9(1) if the individual was not convicted of a crime in connection with the arrest, the
3.10Web site or publication must delete the photograph immediately; or
3.11(2) if the individual was convicted of the crime listed, the individual may request
3.12that the Web site or publication alter the information posted to include no more than the
3.13individual's first name, last initial, and crime of conviction.
3.14(c) Under no circumstance may any person require the payment of a fee or any other
3.15consideration to remove a booking photograph.
3.16(d) Upon completion of the investigation, if the person finds that an individual
3.17was not convicted of a crime, that person is prohibited from posting the same booking
3.18photograph to any other Web site or publication it maintains.
3.19 Subd. 4. Liability. (a) Any person maintaining a Web site or publication that is in
3.20violation of any provision of this section is civilly liable to the individual in the booking
3.21photograph. That individual may recover $500 per posted photograph.
3.22(b) Failure to remove or delete a photograph within 30 days, or to limit the
3.23information provided, as required under subdivision 3, entitles the individual in the
3.24booking photograph to recover treble damages, or $1,500 per image posted.
3.25(c) Failure to comply with the agreement in section 13.82, subdivision 26, paragraph
3.26(c), will result in treble damages, or $1,500 for each violation.
