Release of booking photo by law enforcement agency
(1)Notwithstanding ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), a law enforcement agency may not release a booking photo except as provided in subsection (2) of this section.
(2)A law enforcement agency may release a booking photo described in subsection (1) of this section:
(a)To the person depicted in the booking photo;
(b)To another law enforcement agency, or to a law enforcement officer employed by another law enforcement agency, for a law enforcement purpose;
(c)To the public, if the law enforcement agency determines that there is a law enforcement purpose for the release, including but not limited to assistance with the apprehension of a fugitive or a suspect in a criminal investigation, or the identification of additional criminal activity;
(d)To a state mental hospital upon the admission to the hospital of the person depicted in the booking photo;
(e)To a party in a criminal proceeding resulting from the arrest during which the booking photo was obtained;
(f)To the victim of the offense for which the person depicted in the booking photo was arrested;
(g)To the court, if the booking photo is part of a pretrial release report or is provided to the court as part of the pretrial release process for the purposes of confirming the identity of a defendant; or
(h)Upon the conviction of the person depicted in the booking photo, if the conviction results from the arrest during which the booking photo was obtained.
(3)As used in this section:
(a)“Booking photo” means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody.
(b)“Law enforcement agency” has the meaning given that term in ORS 131.915 (Definitions).
(c)“Law enforcement officer” means an officer, deputy, member or employee of a law enforcement agency. [2021 c.374 §1; 2021 c.643 §8]
Section 133.870 — Release of booking photo by law enforcement agency,