An act relating to arrest booking photographs, the official text

1                           STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 379           By: Dossett

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6                           AS INTRODUCED

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7   An Act relating to arrest booking photographs;

7   requiring the removal of arrest booking photographs

8   upon written request; requiring inclusion of certain

8   information with request; establishing a deadline for

9   removal; prohibiting republication or dissemination

9   of removed photographs; authorizing civil action for

10  certain injunctive relief; requiring award of court

10  costs and attorney fees in certain action;

11  authorizing imposition of civil penalty; directing

11  deposit of certain amounts; prohibiting charging a

12  fee for removal of photographs; providing for

12  applicability of provisions; providing exceptions;

13  providing for codification; and providing an

13  effective date.

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1 6 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

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17  SECTION 1.     NEW LAW  A new section of law to be codified

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1 8 in the Oklahoma Statutes as Section 23 of Title 22, unless there is

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1 9 created a duplication in numbering, reads as follows:

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20  A. A person whose arrest booking photograph is published or

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2 1 otherwise disseminated may make a request in writing to the business

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2 2 or individual who published or otherwise disseminated the photograph

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2 3 for the removal of the photograph. The written request for removal

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2 4 of the arrest booking photograph shall be sent by registered mail

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1 and include sufficient proof of identification of the person whose

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2 photograph was published and specific information identifying the

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3 photograph the written request is seeking to remove.

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4   B. 1. Within ten (10) days after receipt of the written

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5 request for removal of the arrest booking photograph, the business

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6 or individual who published or otherwise disseminated the photograph

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7 shall remove the photograph and may not republish or otherwise

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8 disseminate the photograph.

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9   2. The person whose arrest booking photograph was published or

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1 0 otherwise disseminated may bring a civil action to enjoin the

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1 1 continued publication of the photograph if the business or

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1 2 individual does not remove the arrest booking photograph within the

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1 3 required time. The court shall award court costs and reasonable

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1 4 attorney fees related to the issuance and enforcement of the

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1 5 injunction and may impose a civil penalty of One Thousand Dollars

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1 6 ($1,000.00) per day for noncompliance. Amounts recovered from civil

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1 7 penalties under this paragraph shall be deposited into the General

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1 8 Revenue Fund.

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19  3. If a business or individual is required to remove an arrest

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2 0 booking photograph under this section and later republishes the

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2 1 photograph, the person whose photograph is republished or otherwise

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2 2 disseminated may bring a civil action to enjoin the continued

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2 3 publication or dissemination of the photograph. The court shall

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2 4 award court costs and reasonable attorney fees related to the

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1 issuance and enforcement of the injunction and may impose a civil

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2 penalty of Five Thousand Dollars ($5,000.00) per day for

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3 noncompliance. Amounts recovered from civil penalties under this

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4 paragraph shall be deposited into the General Revenue Fund.

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5   C. A business or individual engaged in the business of

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6 publishing or otherwise disseminating arrest booking photographs of

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7 persons who have been previously arrested may not solicit or accept

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8 a fee or other form of payment for the removal of the photographs.

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9   D. This section shall not apply to a business or individual

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1 0 that publishes or disseminates information relating to arrest

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1 1 booking photographs unless:

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12  1. The business or individual solicits or accepts payment for

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1 3 the removal of photographs; or

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14  2. The business or individual's primary business model is the

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1 5 publishing and disseminating of arrest booking photographs for a

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1 6 commercial purpose or pecuniary gain.

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17  SECTION 2. This act shall become effective November 1, 2025.

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19  60-1-504      TEK            1/14/2025 3:50:45 PM

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