FOR AN ACT ENTITLED, An Act to provide that criminal booking photos and police logs are open records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 23-5-7 be amended to read as follows:
    23-5-7. All photographs, impressions, measurements, descriptions, or records 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for in § 23-5-6 shall be filed and preserved by the department or institution where made or taken and shall may not be published, transferred, or circulated outside such department or institutions, nor exhibited to the public or any person or persons except duly authorized law enforcement officers unless the subject of such photograph, measurement, description, or other record becomes a fugitive from justice, or escapes from a penal institution. However, this section shall does not apply to the release of information allowed pursuant to § 24-2-20. Any criminal booking photograph is a public record pursuant to chapter 1-27.
    Section 2. That § 23-5-11 be amended to read as follows:
    23-5-11. Confidential criminal justice information and criminal history information are

specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive, and may be withheld by the lawful custodian of the records. Information about calls for service revealing the date, time, and general location and general subject matter of the call is not confidential criminal justice information and may shall be released to the public, at the discretion of the executive of the law enforcement agency involved, unless the information contains criminal intelligence or identity information that would jeopardize an ongoing investigation. The provisions of this section do not supersede more specific provisions regarding public access or confidentiality elsewhere in state or federal law.