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Committee hears bill to limit public release of booking photos, ACLU backs measure
Summary
A substitute to House Bill 10 would restrict law-enforcement release of arrest booking photos when there is no conviction and make it easier for individuals to remove photos from commercial ‘mugshot’ websites; the ACLU testified in support.
Representative Kim Schofield presented a substitute for House Bill 10, which would restrict law enforcement agencies from posting or providing arrest booking photos to commercial sites when the person has not been convicted, and would create a streamlined process for individuals to have those images removed from for-profit "remove for pay" websites.
The bill would not limit news organizations' reporting, Representative Schofield told the committee; it targets third-party pay-to-remove operations that, proponents say, profit by posting booking photos and charging people to remove them.
Why it matters: Supporters described the business model as predatory, arguing that people who were never convicted can suffer long-term harm to employment, housing and reputation because mugshots remain publicly available. Christopher Bruce, policy director for the ACLU of Georgia, told the committee the ACLU supports the bill, citing a 2024 Ninth Circuit decision finding that making arrest photos public can amount to unconstitutional pretrial punishment.
Testimony: Christopher Bruce summarized the ACLU's legal review and said a federal appeals court found posting of booking photos without conviction can amount to impermissible pretrial punishment. Representative Schofield said the substitute narrows exceptions to ensure clearly newsworthy material is not affected. Witnesses representing civil-rights and consumer-protection perspectives urged passage; committee members indicated they will revisit the bill when quorum allows.
Ending: No formal committee vote was recorded at this hearing; sponsors and supporters urged lawmakers to advance the substitute to address harms from commercial mugshot sites.
