1.1                          A bill for an act 
  1.2             relating to data practices; providing for the 
  1.3             classification and release of booking photographs; 
  1.4             amending Minnesota Statutes 1994, section 13.82, by 
  1.5             adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 13.82, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 17.  [BOOKING PHOTOGRAPHS.] (a) For purposes of this 
  1.10  subdivision, "booking photograph" means a photograph taken by 
  1.11  law enforcement in connection with the arrest of a person. 
  1.12     (b) Except as otherwise provided in this subdivision, a 
  1.13  booking photograph is public data.  A law enforcement agency may 
  1.14  temporarily withhold access to a booking photograph if the 
  1.15  agency determines that access will adversely affect an active 
  1.16  ongoing investigation. 
  1.17     (c) A booking photograph may be released only by the law 
  1.18  enforcement agency with responsibility for conducting the 
  1.19  investigation for the offense for which the photograph was taken.