Iowa lawmakers are debating two bills—Senate File 69 and House File 47—that aim to change how booking photographs, or mugshots, are handled. Both bills propose making mugshots confidential by default, limiting public access unless certain conditions are met. While they share the same goal, the bills differ in key ways, prompting discussions about how best to balance personal privacy and public transparency.

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Why Some Say Change Is Needed

Under current Iowa law, booking photographs are public records, meaning they can be accessed, shared, and posted online freely. This open access has created problems, with mugshots often being misused by websites that charge people to have their images removed—even when charges are dropped or cases are dismissed. These practices cause lasting harm to individuals, including public shaming, difficulty finding employment, and emotional stress.

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Credit: Canva
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Supporters of the bills say the current system is outdated and needs to change to protect people who have not been convicted. They also point out that other states, like California and New York, have already passed laws restricting access to mugshots in similar ways.

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What the Bills Propose

Senate File 69

This bill focuses on court approval for releasing mugshots. Booking photographs could only be made public in limited cases, such as:

  • A judge determines releasing the photo is necessary to locate a fugitive.
  • A judge rules that the person poses an imminent threat to public safety, and releasing the photo would help mitigate the threat.
  • The person has been convicted of a Class "A" or "B" felony, such as murder or armed robbery, that does not involve controlled substances.

House File 47

This proposal offers more flexibility to law enforcement and prosecutors, allowing them to release mugshots under the following circumstances:

  • The person is a fugitive, and releasing the photo would assist in their capture.
  • The person is an imminent threat to public safety, and releasing the photo would reduce the threat.
  • The person has pled guilty or been convicted of any crime related to their arrest.
  • A judge determines that releasing the photo serves a legitimate public interest.

Key Differences Between the Bills

Decision-Makers: Senate File 69 relies on courts to approve releases, while House File 47 allows law enforcement, prosecutors, and judges to share decision-making authority.

Conviction Scope: Senate File 69 applies only to convictions for major felonies (Class "A" or "B"), while House File 47 includes guilty pleas and convictions for any crime.

Judicial Role: Senate File 69 makes judges central to decisions about fugitives, threats, or major felonies, while House File 47 allows judges to order releases for broader public interest reasons.

Focus on Public Safety: Senate File 69 requires court rulings for public safety exceptions, while House File 47 allows law enforcement to release mugshots without court involvement in these cases.

Pros and Cons of the Proposals

Pros:

  • Protecting Privacy: Making mugshots confidential prevents misuse and exploitation, especially for individuals who are never convicted.
  • Reducing Stigma: Shielding mugshots can help people avoid lasting reputational harm that may follow them even after charges are dropped.
  • Improved Fairness: The changes bring Iowa in line with other states that have already restricted mugshot access.

Cons:

  • Public Access Limits: Critics argue the restrictions could make it harder for journalists and the public to hold law enforcement accountable.
  • Impact on Transparency: Confidentiality could reduce visibility into the justice system, potentially creating a lack of oversight.
  • Potential Overreach: Giving too much discretion to courts or law enforcement might lead to inconsistent application of the rules.

The debate moving forward will center on how to strike the right balance between safeguarding personal privacy and ensuring public safety and transparency. Both proposals reflect a growing recognition of the need to modernize Iowa’s laws and prevent the misuse of mugshots, but the question is which path will best serve the state in the long run.

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