Relating to confidential records including booking photographs

This bill relates to confidential records including booking photographs.F. The bill defines “booking photograph” as a photograph or still, nonvideo image of a person generated by a law enforcement agency for identification purposes after an arrest or while the person is in the law enforcement agency’s custody. The bill provides that a booking photograph is a confidential record, but may be released, published, or disseminated for any of the following reasons: a court has determined that the person in the booking photograph is a fugitive, and releasing or disseminating the booking photograph will assist in apprehending the person; a court determines that the person is an imminent threat to an individual or to public safety; or the person is convicted of a class “A” or class “B” felony not involving a controlled substance. The bill does not apply to interagency dissemination of booking photographs between law enforcement agencies. For purposes of the bill, “conviction” does not include a deferred judgment unless the deferred judgment was subsequently revoked by the court and judgment was pronounced and a sentence was imposed.