Senate committee advances bill to limit release of decedent photos, sends SB 1250 to the floor

The Senate Judiciary & Rules Committee on Monday voted to send Senate Bill 1250 to the full Senate with a ‘due pass’ recommendation after hearing testimony about whether photos of deceased people should be exempt from public disclosure.

Senator Wintrow, sponsor of SB 1250, told the committee the bill would amend the Public Records Act to prevent release of decedent photographs while allowing access to defined family members. "We're trying to balance transparency when it comes to public safety and public health issues, but also respecting the dignity and privacy of decedents and their families," she said.

Committee members asked several questions about the bill's language, in particular whether the statute should use discretionary language ('may') or require disclosure ('shall') in certain circumstances. County and prosecuting attorneys urged discretion for officials making case-by-case judgments; Kelly Brasfield of the Idaho Association of Counties told the committee counties would prefer the flexibility of 'may' but would support statutory changes if the committee required them.

After public testimony from family members, coroners, prosecutors and press advocates, Senator Foreman moved to send the bill to the floor with a due pass; Senator Lent seconded. The committee approved the motion by voice vote with no opposition noted. The bill will proceed to a full Senate vote and may be subject to amendments on issues such as next-of-kin access and protections for images of minors.