2017 Session Laws

CHAPTER 100

(SB 25)

Criminal booking photograph may be released.


        ENTITLED, An Act to provide for the release of certain booking photographs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 23-5-7 be amended to read:

    23-5-7. All photographs, impressions, measurements, descriptions, or records Any department or institution that makes or takes any photograph, impression, measurement, description, or record including confidential criminal investigative information, taken or made as provided for in § 23-5-6 shall be filed and preserved by the department or institution where made or taken and shall not be published, transferred, or circulated. The department or institution may not publish, transfer, or circulate any impression, measurement, description, record, or photograph, except a criminal booking photograph, for a crime classified as a felony pursuant to § 22-6-1 outside such the department or institutions, nor exhibited to the public or any person or persons institution except to a duly authorized law enforcement officers unless officer. If the subject of such photograph, a measurement, description, or other record becomes a fugitive from justice, or escapes from a penal institution then the measurement, description, or record may be exhibited to the public. However, this This section shall does not apply to the release of information allowed pursuant to § 24-2-20. Any criminal booking photograph for a crime classified as a felony pursuant to § 22-6-1 is a public record pursuant to chapter 1-27.

    Nothing in this section requires any law enforcement agency to provide or reproduce a criminal booking photograph older than six months from the date the criminal booking photograph was taken. An agency requested to provide or reproduce a criminal booking photograph is entitled to recover costs of retrieval or reproduction pursuant to § 1-27-35.

     Signed March 14, 2017
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