CS/CS/CS/HB 857 Summary

• Prohibits persons or entities publishing arrest booking photographs from soliciting or accepting fees to remove photographs

• Allows individuals whose arrest booking photographs are published to request removal in writing via registered mail with proof of identification; publishers must remove photos within 10 days at no charge

• Authorizes civil actions for damages and injunctions against non-complying publishers, with courts able to impose $1,000 per day civil penalties and award attorney fees and court costs

• Requires the Criminal Justice Information Program to administratively seal criminal history records when the state attorney or prosecutor declines to file charges, dismisses charges, or obtains acquittal (effective July 1, 2018, contingent on passage of HB 369)

• Takes effect July 1, 2018