HB4621 HFAT Fast 2-27

Morgan 3345

Delegate Fast moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

H. B. 4621 -- “A BILL to amend and reenact §62-1-5 of the Code of West Virginia, 1931, as amended, relating to criminal procedure; preliminary procedure; providing a definition for booking photograph; providing a definition for news-gathering organization; providing a definition for remove-for-pay publication or website; and when a booking photograph of an accused person may be made public or published by the West Virginia Division of Corrections and Rehabilitation and amends to provide that booking photographs are not public records; and amends to provide that law enforcement agencies and the Division of Corrections and Rehabilitation shall not be held liable for release of booking photographs; and amends to provide that a defendant is entitled to a copy of their booking photograph; and amends to provide that any booking photograph that is published, released, or disseminated before a conviction shall include a disclaimer;  and amends to provide that law enforcement agencies and the Division of Corrections and Rehabilitation nor any law enforcement agency shall be held liable for good faith inadvertent release of booking photographs; and amends to require “remove for pay publications or websites” to remove a booking photograph and establishes civil liability for remove for pay publications or websites” when they do not remove; and amends that the Division of Corrections and Rehabilitation may disclose a booking photograph to appropriate law enforcement agency or prosecuting attorney’s office for investigation, prevention, or prosecution of a crime, or to safeguard the orderly operation of the correctional institution; and amends that a booking photograph may also be disclosed between law enforcement agencies for investigation, public safety, prevention, or prosecution of a crime, or to safeguard the orderly operation of a correctional institution”;

Adopted

Rejected