Arrest booking photographs; establishing procedures for removal of certain photographs from publication or dissemination under certain circumstances. Effective date.
Summary
SB379 creates a process for a person whose arrest booking photograph has been published or otherwise disseminated to demand its removal. The request must be made in writing by registered mail and include proof of identity and enough information to identify the photograph. Once the request is received, the publisher or disseminator must remove the photograph within 10 days and may not republish or further disseminate it.
The bill also bars businesses or individuals engaged in publishing arrest booking photographs from charging a fee to remove the images. It applies civil enforcement tools if the photograph is not removed or is republished after removal, including injunctive relief, court costs, attorney fees, and daily civil penalties. Penalties are set at up to $1,000 per day for failure to remove after a proper request and up to $5,000 per day for republishing after removal, with collected penalties deposited into the General Revenue Fund. The bill takes effect November 1, 2025.
Impact
SB379 would add a new section to Title 22 of the Oklahoma Statutes governing the publication and removal of arrest booking photographs, commonly known as mugshots. It would create a statutory right to request removal, impose deadlines and enforcement remedies on publishers, and restrict fee-based mugshot removal practices. The measure would affect websites, media businesses, and other individuals or entities that publish arrest booking photos, while also providing exceptions for certain publishers whose primary business is not mugshot publication and who do not solicit payment for removal.
Sentiment
Based on the bill text and available legislative context, the measure appears aimed at protecting individuals from the continued online circulation of arrest booking photographs and from pay-to-remove practices. No committee transcript or vote record is available in the provided materials, so there is no direct evidence of floor debate or recorded opposition. The bill’s structure suggests a consumer-protection and privacy-oriented approach, with strong enforcement provisions indicating support for meaningful compliance.
Contention
The main points of contention likely involve free speech and press concerns, the burden on publishers and online platforms, and whether the bill reaches beyond commercial mugshot websites to other entities that disseminate arrest photos. Another likely issue is the size of the civil penalties and the mandatory award of attorney fees and costs, which may be viewed as strong deterrents by supporters but potentially excessive by critics. The exception language for businesses whose primary model is not mugshot publication may also raise questions about how the law would be applied in practice.
Carry Over
Arrest booking photographs; establishing procedures for removal of certain photographs from publication or dissemination under certain circumstances. Effective date.