HB 262

Under existing law, a photograph of any person arrested for the crime of prostitution is not a public record and may not be published without a court order

This bill would allow the disclosure of a certain person's photograph after an arrest for prostitution

Relating to prostitution; to amend Section 13A-6-183, Code of Alabama 1975, to allow the disclosure of a certain person's photograph after an arrest for prostitution.

Section 1

Section 13A-6-183, Code of Alabama 1975, is amended to read as follows:

§13A-6-183.

(a) For the safety and well-being of a person arrested for the crime of prostitution under Division 2 of Article 3 of Chapter 12, he or she may be held in custody for up to 72 hours. The person shall be brought before a court of competent jurisdiction as soon as possible within a 48-hour period to conduct an inquiry into the person's access to resources, such as, but not limited to, health care, shelter, mental health counseling, or financial aid. The court may issue an order to assist the person in obtaining the services and resources needed pursuant to the court's inquiry.

(b)(1) Except as provided in subdivision (2), a photograph of a person taken by a law enforcement agency upon the arrest of a person for the crime of prostitution under Division 2 of Article 3 of Chapter 12, is not a public record and may not be published in any printed or electronic media or provided to any person without an order of a district court judge with jurisdiction over the person's criminal case."

(2) A photograph of a person who procures or solicits a prostitute or who provides persons or premises for prostitution purposes in violation of Section 13A-12-121, is a public record and may be published in any printed or electronic media or provided to any person without an order of the court."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.