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House Co-Sponsorship Memoranda
House of Representatives
Session of 2021 - 2022
Regular Session
MEMORANDUM
| Posted: | October 1, 2021 04:24 PM |
|---|---|
| From: | Representative Christopher M. Rabb and Rep. Emily Kinkead |
| To: | All House members |
| Subject: | Prohibiting Mugshot Release Prior to Conviction |
| Booking photographs, also known as “mug shots,” are one of the first steps taken by law enforcement in a potential criminal prosecution after a suspect’s name and offense for which they were arrested are recorded. While these photographs and arrest records are often published by law enforcement agencies on their own websites, in many cases, these “mug shots” are circulating on for-profit websites long after local law enforcement has removed the photos, even if the charges were dropped or the individuals in question were exonerated/not convicted. In recent years, booking photos have been reposted on commercial websites that charge a fee to have them removed. Given that these photos are often released to the public prior to conviction, it has forced individuals who have had charges dropped or who were found not guilty to take extra steps – time-consuming and expensive steps – to repair their online reputations, which can also make attempting to find a job or housing extremely difficult. No one should have their reputation -- online or otherwise -- destroyed by a criminal charge, especially ones for which they were not convicted. Given the striking disparities in the criminal justice system, this issue also disproportionately affects and can effectively cripple communities of color. This is why we are introducing legislation that would prohibit law enforcement from releasing booking photographs prior to conviction except in the specific circumstance when an individual may pose an imminent threat to their community. Additionally, this legislation would prohibit commercial websites from charging fees to remove someone’s photograph, imposing a civil penalty of $25,000 for each violation. The funds collected from these fines would be allocated to programs proven to assist individuals re-entering society after brushes with the law. Further, booking photos would be required to be removed from any site, for free, within 30 days of receiving a request for removal. Several other states have enacted legislation that would make charging individuals fees for the removal of their booking photos a criminal offense. We believe that this solution does not target the right entities and only exacerbates the problem of overcriminalization that exists in our criminal justice system. Our solution would be applicable to both companies and individuals, targeting the motivation for publishing these photos to begin with – profit. Further, it would avoid jurisdictional issues if the offending companies or individuals were located outside of Pennsylvania. Please join us in reforming our criminal justice system and ensuring our residents’ right to privacy. |
Introduced as HB2025