SB 660 — Regulate Dissemination of Booking Photograph.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 21 SENATE BILL 660 Judiciary Committee Substitute Adopted 4/21/21 Short Title:

Senators Lazzara, Britt, and Nickel (Primary Sponsors).

Rules and Operations of the Senate April 7, 2021 A BILL TO BE ENTITLED AN ACT TO REGULATE THE DISSEMINATION AND REMOVAL OR DESTRUCTION OF BOOKING PHOTOGRAPHS.

Prohibition on disclosingproviding acopy of booking photograph.

– A photograph or image (i) of an individual whothat is allegedgenerated to(i) havefor committedidentification apurposes crime,and (ii) takenwhen by law enforcement at the initialindividual booking,is andbooked (iii)into maintaineda fordetention identificationfacility. purposes.

(2) LawPublish-for-paypublication. enforcement purposes.

– Law enforcement training or administrative purposes,suspectidentificationorapprehension,ortofurtheraninvestigation.

(3) Publish-for-paypublication.

(4)(3) Publish-for-pay website.

(b) NotProhibition. a Public Record.

– A law enforcement agency is prohibited from providing a copy of a booking photograph isin notany format to a publicperson recordrequesting asa definedcopy byof the booking photograph if (i) the booking photograph will be placed in a publish-for-pay publication or posted to a publish-for-pay website or (ii) the booking photograph is prohibited from disclosure under G.S.

132-1.132-1.4.

(c) Prohibition.Statement Required.

– A lawperson enforcementwho agencyrequests is prohibited from providing a copy of a booking photograph from a law enforcement agency shall, at the time of making the request, submit a defendantwritten pretrialstatement insigned anyby formatthe exceptperson asaffirming providedthat the booking photograph will not be placed in subsectiona (d)publish-for-pay ofpublication thisor section.posted to a publish-for-pay website.

(d)A Disclosure.written statement provided inaccordancewiththissubsectionshallhavethesameeffect asan affirmationunder G.S.

–14-209, Aand lawa enforcementperson's agencyknowing mayand onlyintentional provideperjury on a copystatement ofprovided ain bookingaccordance photographwith ofthis asubsection defendantshall pretrialbe undersubject oneto of the followingpunishment circumstances:set forth in G.S.

(1)14-209. The disclosure is necessary for law enforcement purposes.

(2)(d) ToRemoval. comply with discovery requirements.

(3)– ForA usepublish-for-pay inpublication criminalor proceedingspublish-for-pay inwebsite districtshall court.remove and destroy a booking photograph of an individual who submits a request for removal and destruction as follows:

(4)(1) ToWithin complyseven withcalendar adays courtafter order.the day on which the individual makes the request if both of the following conditions are met:

(5)a. To fulfill a request for a copy of the booking photograph, as provided in subsection (e) of this section.

(e)The Application.booking photograph relates to a criminal charge (i) that was dismissed without leave, dismissed by the court, or resulted in a *S660-v-1* General Assembly Of North Carolina Session 2021 finding of not guilty or not responsible or (ii) that was expunged, vacated, or pardoned.

–b. A person requesting a copy of a booking photograph must apply to the head of the custodial law enforcement agency.

The applicationindividual mustsubmits includewith athe written request forevidence thethat booking photograph, the datecondition and approximate time of arrest, and the name of the person in thesub-subdivision bookinga. photograph sufficient to identify the booking photograph to which the application *S660-v-2* General Assembly Of North Carolina Session 2021 refers.

The application must also include a sworn affidavit signed by the applicant and attesting, under penalty of perjury,this thatsubdivision theis bookingmet. photograph will not be placed in a publish-for-pay publication or posted to a publish-for-pay website.

(f)In Removal.addition to any other punishment or penalty set forth in this section, an act of a publish-for-pay publication or publish-for-pay website that seeks to condition removal or destruction of a booking photograph covered by this subdivision on the payment of any fee or other item of value constitutes extortion and shall be punishable under G.S.

–14-118.4. A publish-for-pay publication or publish-for-pay website shall remove and destroy a booking photograph of any individual who submits a request for removal and destruction, as provided in G.S.

15A-152(a1).(2) Within 30 calendar days after the day on which the individual makes the request for requests not covered by subdivision (1) of this subsection.

AnA entitypublish-for-pay thatpublication seeksor topublish-for-pay website may condition the removal or destruction of a booking photograph,photograph covered by this subdivision on the payment of anya fee orin otheran itemamount ofnot value,exceeding mayfifty constitutedollars a($50.00). criminal offense.

(g)(e) CivilFailure Liability.to Remove.

– In addition to any other punishment or penalty availableset underforth thein law,this failuresection, toif a publish-for-pay publication or publish-for-pay website does not remove and destroy a booking photograph in accordance with subsection (e)(d) of this sectionsection, the individual who submitted the request for removal and destruction may resultbring ina civil liabilityaction asagainst providedthe inpublish-for-pay G.S.publication or publish-for-pay website, and the publish-for-pay publication or publish-for-pay website is liable for both of the following:

15A-152(c)."(1) SECTIONAll 2.costs, including reasonable attorneys' fees, resulting from any legal action the individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay website to remove and destroy the booking photograph.

(2) A civil penalty as follows:

a.

For failure to remove and destroy a booking photograph subject to subdivision (1) of subsection (d) of this section, a civil penalty of one hundred dollars ($100.00) per day for each day after the seven-day deadline described in subdivision (1) of subsection (d) of this section on which the booking photograph is visible or publicly accessible in the publish-for-pay publication or the publish-for-pay website.

b.

For failure to remove and destroy a booking photograph subject to subdivision (2) of subsection (d) of this section, a civil penalty of fifty dollars ($50.00) per day for each day after the 30-day deadline described in subdivision (2) of subsection (d) of this section on which the booking photograph is visible or publicly accessible in the publish-for-pay publication or the publish-for-pay website." SECTION 2.

15A-152 readsis asamended rewritten:by adding a new subsection to read:

"§"(f) 15A-152.Applicability.

Civil– liabilityThis forsection disseminationdoes ofnot certainapply criminalto history information.information and booking photographsphotographs, ofas defendantdefined pretrial.in G.S.