How HB 2840 changes current law

Compared against the Pennsylvania Consolidated Statutes as published AI-generated reading aid — verify against the official bill.

The bill adds regulations for the request and removal of booking photographs and establishes penalties for their unlawful dissemination.

• 61 Pa.C.S. § 1103

  the term "booking photograph" means a photograph or image of an individual generated by law enforcement for identification purposes in accordance with 61 Pa.C.S. § 1103 (relating to recording system for identification of criminal offenders).

  Defines 'booking photograph' as a photo generated by law enforcement for identification purposes as per the existing law.

• 61 Pa.C.S. § 1103

  A noncriminal justice agency that is engaged in publishing or otherwise disseminating a booking photograph shall: (1) Clearly and conspicuously post on the noncriminal justice agency's publicly accessible Internet website an active and monitored email address, telephone number and mailing address by which an individual may request the removal and destruction of the individual's booking photograph.

  Requires noncriminal justice agencies to provide contact information for individuals to request the removal of their booking photographs.

• 61 Pa.C.S. § 1103

  Remove and destroy an individual's booking photograph within seven calendar days of receiving a request for removal and destruction from the individual if: (i) The booking photograph relates to criminal charges that: (A) resulted in a final disposition other than a conviction; (B) are subject to a court order for limited access as provided in section 9122.1 (relating to petition for limited access); (C) were granted clean slate limited access under section 9122.2 (relating to clean slate limited access); or (D) were expunged or vacated pursuant to a court order or were pardoned through executive action.

  Mandates removal and destruction of booking photographs under specified conditions within seven days of a request.

• 61 Pa.C.S. § 1103

  In addition to any relief provided under section 9183 (relating to civil actions), a noncriminal justice agency that fails to comply with subsection (a)(2) shall be liable for a civil penalty of $100 per day for each day following the expiration of the seven-calendar-day period during which the booking photograph remains published or otherwise disseminated.

  Imposes a daily civil penalty for agencies that do not comply with the removal requirement for booking photographs.

• 61 Pa.C.S. § 1103

  As used in this section, the term "booking photograph" means a photograph or image of an individual generated by law enforcement for identification purposes in accordance with 61 Pa.C.S. § 1103 (relating to recording system for identification of criminal offenders).

  Clarifies the definition of booking photographs in relation to criminal identification systems.