(Radio Iowa) – Legislators are considering restrictions on the release of booking photos taken when someone is arrested and charged with a crime.
Bills in both the House and Senate would make most booking photos confidential records that could only be released if the person in the photo is a fugitive, an imminent threat to the public or has been convicted of certain felonies. Representative Bill Gustoff says once a mug shot is published in the media or posted online, the person has been branded as a criminal even if the charges are dismissed or a jury returns a not-guilty verdict.
Law enforcement officials say Gustoff’s bill would create extra work for police and sheriff’s departments who’d have to verify if a person was convicted or pleaded guilty every time they get a public records request for a mug shot. Media organizations say having booking photos publicly available provides transparency in law enforcement and, in some instances, can help someone with the same name as a person under arrest prove they are not the one charged with a crime.
