The Oregonian today reports that an amended version of HB 3467 has passed the House Judiciary Committee unanimously and is headed for a vote. The amended bill makes charging a fee for removal of a mugshot for anyone who’s charge has been dismissed, reduced to a violation or expunged an unfair trade practice. The bill creates a cause of action against any website who fails to remove a mugshot, after written request has been made accompanied by proof, within thirty days if the person qualifies. A person qualifies under this section if their charge has been dismissed (including those who have gone through a diversion program), reduced to a violation or for anyone who has had their conviction expunged. This bill goes a long way towards protecting Oregonian’s from extortion, however, the current bill that is likely to pass the House, does not prevent local law enforcement agencies from posting mugshots online. Since the mugshots are still available on local law enforcement websites, the practice of pulling mugshots off of these sites, re-posting the images, tagging a person’s name, and then charging a fee for removal will likely continue. Read the Oregonian’s article here.
HB 3467: Mug Shot Bill in Oregon passes House Judiciary