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HF 1940

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/24/2014 03:36pm

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Current Version - 1st Engrossment

A bill for an act
relating to data practices; booking photographs;amending Minnesota Statutes
2012, section 13.82, subdivision 26; proposing coding for new law in Minnesota
Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 13.82, subdivision 26, is amended to read:


Subd. 26.

Booking photographs.

(a) For purposes of this subdivision, "booking
photograph" means a photograph or electronically produced image taken by law
enforcement for identification purposes in connection with the arrest of a person.

(b) Except as otherwise provided in this subdivision, a booking photograph is public
data. A law enforcement agency may temporarily withhold access to a booking photograph
if the agency determines that access will adversely affect an active investigation.

(c) Notwithstanding sections 13.03 and 13.05, subdivision 12, a copy of a booking
photograph made public under this subdivision may only be provided or made available on
the agency's Web site to a person upon submission of the following to the law enforcement
agency that maintains the original photograph:

(1) the legal name and address of the person making the request and, if the person is
making the request on behalf of a business entity, the name of the business, the address
of the business' headquarters and state of incorporation and, if applicable, the name and
address of the business' majority shareholders or directors;

(2) a brief statement of the purpose of the request and the manner in which the
photograph is intended to be used; and

(3) if the photograph will be published, a list of all locations and formats of
publication, including Web site addresses if applicable.

If a person receives a copy of a booking photograph under this subdivision and later
determines that the photograph will be published in a location or format not originally
disclosed, the person must provide a supplemental disclosure to the agency containing
the detail required by clause (3) prior to the photograph's publication in the new location
or format.

(d) If a person receives or obtains a copy of a booking photograph under this
subdivision and intends to sell or transfer the photograph to another person, the new
recipient of the photograph must file a disclosure meeting the requirements of this
paragraph to the law enforcement agency that maintains the original photograph prior
to use or publication of the photograph. Prior to a private sale or transfer of a booking
photograph, the person selling or transferring the photograph must notify the recipient, in
writing, of the disclosure obligations contained in this section.

(e) A person who violates this subdivision, including but not limited to
misrepresentations or failure to disclose truthful, complete, or accurate information to
the appropriate law enforcement agency as required by this section, shall be subject to
the penalties provided in section 325E.80.

(f) The provisions of paragraphs (c) to (e) do not apply to the transfer of a booking
photograph to another federal, state, or local law enforcement agency, another government
entity, or to the judicial branch, to the extent the transfer is otherwise authorized by law, or
to the subject of the photograph or an attorney representing the subject of the photograph
in an active criminal proceeding, or to a bona fide news organization or producer of news
features.

Sec. 2.

[325E.80] ARREST DATA.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Booking photograph" has the meaning given in section 13.82, subdivision
26, paragraph (a).

(c) "Person" means any natural person or any legal corporate entity.

(d) "Remove" means the removal or deletion of a photograph from a Web site or
publication.

Subd. 2.

Prohibition on payment.

No person may publish a booking photograph to
any Web site or publication if the Web site or publication requires payment of a fee or
other consideration to remove the photograph.

Subd. 3.

Removal or deletion.

(a) Any person receiving booking photographs
under section 13.82, subdivision 26, must clearly and conspicuously advertise, in an
easily identifiable spot on their Web site or publication, a method or process for removal
of photographs.

(b) After an individual has requested that a Web site or publication remove a booking
photograph under paragraph (a), the person maintaining the Web site or publication must
conduct an investigation into whether the individual pictured in the booking photograph
was convicted of a crime in connection with the arrest. Where possible, the individual
seeking removal or deletion of the booking photograph must provide the Web site or
publication with proof that there was no conviction, and:

(1) if the individual was not convicted of a crime in connection with the arrest, the
Web site or publication must delete the photograph immediately; or

(2) if the individual was convicted of the crime listed, the individual may request
that the Web site or publication alter the information posted to include no more than the
individual's first name, last initial, and crime of conviction.

(c) Under no circumstance may any person require the payment of a fee or any other
consideration to remove a booking photograph.

(d) Upon completion of the investigation, if the person finds that an individual
was not convicted of a crime, that person is prohibited from posting the same booking
photograph to any other Web site or publication it maintains.

Subd. 4.

Liability.

(a) Any person maintaining a Web site or publication that is in
violation of any provision of this section is civilly liable to the individual in the booking
photograph. That individual may recover $500 per posted photograph.

(b) Failure to remove or delete a photograph within 30 days, or to limit the
information provided, as required under subdivision 3, entitles the individual in the
booking photograph to recover treble damages, or $1,500 per image posted.

(c) Failure to comply with the agreement in section 13.82, subdivision 26, paragraph
(c), will result in treble damages, or $1,500 for each violation.

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