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Defense investigators, OCDLA support bill to allow private investigators access to booking photos
Summary
Supporters of Senate Bill 993 told the House Judiciary Committee that licensed private investigators and public defenders need access to booking photos for fairness, efficiency and to avoid extra taxpayer expense. The bill summary reported a Senate floor vote of 26 yeas, 1 nay, and 3 excused.
Private investigators and criminal defense advocates told the House Committee on Judiciary that Senate Bill 993 would restore access to booking photos (mugshots) for licensed private investigators and defense teams and argued the change promotes fairness and efficiency in investigations.
May Lee Browning of the Oregon Criminal Defense Lawyers Association said OCDLA participated in the work group that drafted the bill and did not intend to limit access to mugshots for investigators. Steve Wilson, a licensed private investigator and co-chair of the OCDLA investigators committee, testified that investigators use booking photos to confirm identifying details such as hairstyle or facial tattoos and to avoid expensive, time-consuming searches for dated photos. ‘‘There are multiple uses and needs for having an accurate photo of an individual when you are doing criminal defense work,’’ Wilson said. He added that restoring access avoids hours or days of additional work and cost paid by public defense resources.
Wilson told lawmakers that defense investigators generally receive cases after initial identifications are made by police and prosecutors; his testimony said investigators primarily use booking photos to identify attributes and to confirm dates, not to create suggestive identification procedures in place of formal lineups.
The bill summary presented to the committee said Senate Bill 993 ‘‘authorizes law enforcement to release booking photos to licensed private investigators’’ and reported the Senate floor vote as 26 yeas, 1 nay and 3 excused. The summary also stated an effective date provision for the measure; the committee hearing did not record a committee vote or amendment.
During questioning, a committee member asked how defense investigators would avoid creating suggestive photo shows; Wilson said defense investigators often rely on different procedures and that by the time defense investigators engage the underlying identifications have typically already occurred. He also said that when a lineup issue arises the defense would create its own lineup consistent with proper procedures.
The committee held a public hearing; no committee vote was recorded in the hearing.
