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NC S660

Bill

Status

Engrossed

4/28/2021

Primary Sponsor

Michael Lazzara

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Classifies booking photographs as non-public records and prohibits law enforcement agencies from disclosing them except for law enforcement purposes, discovery requirements, criminal proceedings, court orders, or formal written requests with sworn affidavits.

  • Requires individuals requesting booking photographs to apply to the custodial law enforcement agency and swear under penalty of perjury that the photograph will not be placed on pay-to-remove websites or publications.

  • Mandates that publish-for-pay websites and publications remove and destroy booking photographs within 7 business days of receiving a request if there is no criminal conviction and the individual provides documentation that charges were dismissed, resulted in acquittal, expunged, or no true bill was returned.

  • Establishes civil liability of at least $100 per day for each day after the 7-day removal deadline that a booking photograph remains visible on a pay-to-remove platform, with prevailing parties entitled to court costs and attorney fees.

  • Makes subsections on public record classification and prohibition effective immediately upon enactment, while remaining provisions become effective October 1, 2021.

Legislative Description

Regulate Dissemination of Booking Photograph

Public

Last Action

Ref To Com On Rules, Calendar, and Operations of the House

4/29/2021

Committee Referrals

Rules, Calendar, and Operations of the House4/29/2021
Rules and Operations of the Senate4/21/2021
Judiciary4/19/2021
Rules and Operations of the Senate4/7/2021

Full Bill Text

No bill text available