State of South Dakota
LEGISLATIVE ASSEMBLY, 2017
||HOUSE JUDICIARY ENGROSSED NO. SB 25 - 3/6/2017 |
Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General
FOR AN ACT 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:
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where made or taken and shall not be published, transferred, or circulated.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
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 of request. 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.