HB 1585 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in theft and related offenses, further providing for the offense of theft by extortion; and, in criminal history record information, providing for request and removal of the dissemination of booking photographs.

PRIOR PRINTER'S NO.

1892 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

15853544 2025THE INTRODUCEDGENERAL BYASSEMBLY BERNSTINE,OF KAUFFMAN,PENNSYLVANIA ROWEHOUSE ANDBILL ZIMMERMAN,Session JUNE 10, 2025 REFERRED TO COMMITTEE ON JUDICIARY, JUNE 10, 2025 AN ACT Amending Title 18 (Crimes and Offenses) of theNo. Pennsylvania Consolidated Statutes, in other offenses, providing for prohibition against publishing or disseminating booking photographs for commercial use.

1585 2025 INTRODUCED BY BERNSTINE, KAUFFMAN, ROWE, ZIMMERMAN, CIRESI AND HANBIDGE, JUNE 10, 2025 AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 8, 2026 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania <-- Consolidated Statutes, in other offenses, providing for prohibition against publishing or disseminating booking photographs for commercial use.

20250HB1585PN1892AMECONSOLIDATED -STATUTES, 2IN -THEFT AND RELATED OFFENSES, FURTHER <-- PROVIDING FOR THE OFFENSE OF THEFT BY EXTORTION;

AND, IN CRIMINAL HISTORY RECORD INFORMATION, PROVIDING FOR REQUEST AND REMOVAL OF THE DISSEMINATION OF BOOKING PHOTOGRAPHS.

THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA HEREBY ENACTS AS FOLLOWS:

SECTION 1.

SECTION 3923 OF TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 3923.

THEFT BY EXTORTION.

* * * (A.1) PROHIBITION ON CONSIDERATION FOR THE DESTRUCTION AND 20250HB1585PN3544 - 2 - REMOVAL OF BOOKING PHOTOGRAPHS.--A PERSON THAT IS ENGAGED IN PUBLISHING OR OTHERWISE DISSEMINATING A BOOKING PHOTOGRAPH COMMITS AN OFFENSE IF THE PERSON SOLICITS OR ACCEPTS THE PAYMENT OF A FEE OR OTHER CONSIDERATION TO REMOVE AND DESTROY OR REFRAIN FROM PUBLISHING OR OTHERWISE DISSEMINATING THE BOOKING PHOTOGRAPH.

EACH PAYMENT OR OTHER CONSIDERATION SOLICITED OR ACCEPTED IN VIOLATION OF THIS SUBSECTION CONSTITUTES A SEPARATE VIOLATION.

* * * (C) DEFINITION.--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).

SECTION 2.

TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:

§ 9126.

REQUEST AND REMOVAL OF THE DISSEMINATION OF BOOKING PHOTOGRAPHS.

(A) REQUIREMENTS.--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.

(2) 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 20250HB1585PN3544 - 3 - 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.

(II) THE INDIVIDUAL REQUESTING REMOVAL AND DESTRUCTION SUBMITS REASONABLE DOCUMENTATION SUPPORTING ELIGIBILITY UNDER THIS PARAGRAPH.

(B) SANCTION.--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.

(C) DEFINITION.--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).

SECTION 3.

THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

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