Pennsylvania HB 1585: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in theft and related offenses, further providing for the offense of theft by extortion; and, in criminal history record information, providing for request and removal of the dissemination of booking photographs.

Bill Text

PRIOR PRINTER'S NO. 1892 PRINTER'S NO. 3544
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1585
Session of
2025
INTRODUCED BY BERNSTINE, KAUFFMAN, ROWE, ZIMMERMAN, CIRESI AND
HANBIDGE, JUNE 10, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 2026
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, providing for
prohibition against publishing or disseminating booking
photographs for commercial use.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7518. Prohibition against publishing or disseminating booking
photographs for commercial use.
(a) Offense defined.--A person that is engaged in publishing
or otherwise disseminating a booking photograph is guilty of a
misdemeanor of the second degree if the person solicits or
accepts the payment of a fee or other consideration to remove,
correct, modify or refrain from publishing or otherwise
disseminating the booking photograph.
(b) Separate violations.-- Each payment or other
consideration solicited or accepted in violation of this section
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constitutes a separate violation.
(c) Violation of Unfair Trade Practices and Consumer
Protection Law.--C onduct that would constitute an offense under
this section shall be deemed to be a violation of the act of
December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
Practices and Consumer Protection Law.
(d) Venue.--An offense committed under this section is
deemed to have been committed where the solicitation or
acceptance of a fee or other consideration was made or received.
(e) Territorial applicability.--A person may be convicted
under the provisions of this section if the victim or offender
is located within this Commonwealth.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Booking photograph." A photograph or image of an individual
generated by law enforcement for identification purposes in
accordance with 61 Pa.C.S. § 1103 (relating to recording system
for identification of criminal offenders).
Section 2. This act shall take effect in 60 days.
AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN THEFT AND RELATED OFFENSES, FURTHER
PROVIDING FOR THE OFFENSE OF THEFT BY EXTORTION; AND, IN
CRIMINAL HISTORY RECORD INFORMATION, PROVIDING FOR REQUEST
AND REMOVAL OF THE DISSEMINATION OF BOOKING PHOTOGRAPHS.
THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
HEREBY ENACTS AS FOLLOWS:
SECTION 1. SECTION 3923 OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING SUBSECTIONS TO READ:
§ 3923. THEFT BY EXTORTION.
* * *
(A.1) PROHIBITION ON CONSIDERATION FOR THE DESTRUCTION AND
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REMOVAL OF BOOKING PHOTOGRAPHS.--A PERSON THAT IS ENGAGED IN
PUBLISHING OR OTHERWISE DISSEMINATING A BOOKING PHOTOGRAPH
COMMITS AN OFFENSE IF THE PERSON SOLICITS OR ACCEPTS THE PAYMENT
OF A FEE OR OTHER CONSIDERATION TO REMOVE AND DESTROY OR REFRAIN
FROM PUBLISHING OR OTHERWISE DISSEMINATING THE BOOKING
PHOTOGRAPH. EACH PAYMENT OR OTHER CONSIDERATION SOLICITED OR
ACCEPTED IN VIOLATION OF THIS SUBSECTION CONSTITUTES A SEPARATE
VIOLATION.
* * *
(C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "BOOKING
PHOTOGRAPH" MEANS A PHOTOGRAPH OR IMAGE OF AN INDIVIDUAL
GENERATED BY LAW ENFORCEMENT FOR IDENTIFICATION PURPOSES IN
ACCORDANCE WITH 61 PA.C.S. § 1103 (RELATING TO RECORDING SYSTEM
FOR IDENTIFICATION OF CRIMINAL OFFENDERS).
SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
§ 9126. REQUEST AND REMOVAL OF THE DISSEMINATION OF BOOKING
PHOTOGRAPHS.
(A) REQUIREMENTS.--A NONCRIMINAL JUSTICE AGENCY THAT IS
ENGAGED IN PUBLISHING OR OTHERWISE DISSEMINATING A BOOKING
PHOTOGRAPH SHALL:
(1) CLEARLY AND CONSPICUOUSLY POST ON THE NONCRIMINAL
JUSTICE AGENCY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE AN
ACTIVE AND MONITORED EMAIL ADDRESS, TELEPHONE NUMBER AND
MAILING ADDRESS BY WHICH AN INDIVIDUAL MAY REQUEST THE
REMOVAL AND DESTRUCTION OF THE INDIVIDUAL'S BOOKING
PHOTOGRAPH.
(2) REMOVE AND DESTROY AN INDIVIDUAL'S BOOKING
PHOTOGRAPH WITHIN SEVEN CALENDAR DAYS OF RECEIVING A REQUEST
FOR REMOVAL AND DESTRUCTION FROM THE INDIVIDUAL IF:
(I) THE BOOKING PHOTOGRAPH RELATES TO CRIMINAL
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CHARGES THAT:
(A) RESULTED IN A FINAL DISPOSITION OTHER THAN A
CONVICTION;
(B) ARE SUBJECT TO A COURT ORDER FOR LIMITED
ACCESS AS PROVIDED IN SECTION 9122.1 (RELATING TO
PETITION FOR LIMITED ACCESS);
(C) WERE GRANTED CLEAN SLATE LIMITED ACCESS
UNDER SECTION 9122.2 (RELATING TO CLEAN SLATE LIMITED