A new Louisiana law took effect last month that allows mugshots of nonviolent offenders to be released to the public, one of several “tough-on-crime” measures that critics say could prejudice potential jurors and punish offenders trying to turn their lives around.
Senate Bill 24, authored by state Sen. Alan Seabaugh (R-Many), took effect on Aug. 1. The measure largely reverses a bill authored by Sen. Royce Duplessis (D-New Orleans) that restricted the dissemination of mugshots except under certain conditions, including if the release of the photo would help in apprehending a fugitive, a judge ordered the release of the photo or the offender was charged with a violent crime, video voyeurism, animal cruelty, human trafficking or sex offenses.
In testimony in favor of SB 24, Seabaugh said Louisiana sheriffs had complained about the previous law, arguing that sheriff agencies did not want to devote the personnel time and change computer software to determine when certain mugshots could be released to the public. The Louisiana Sheriffs Association supported the Seabaugh measure.
The new law, however, does retain a provision of the previous measure requiring private, profit-making websites to remove and destroy booking photos if an individual who was acquitted of the charge, not prosecuted by law enforcement or has a charge expunged or pardoned requests the removal. In addition, if such a publication does not remove the mugshot, it can face a civil legal action and be liable for reasonable attorney fees.
Critics, however, see unintended consequences resulting from the new law.
“Our office does not plan to challenge the law as the new law returns mugshots to part of the public records of law enforcement offices,” Sarah Whittington, director of advocacy for the Justice & Accountability Center of Louisiana in New Orleans, told the Louisiana Record in an email. “We are certain that the law will increase and re-create the opportunities for prejudice that the previous law sought to limit.”
Mugshots of offenders can be prejudicial and can impact the jury pool, according to Whittington.
“Unfortunately, long after a decision is made in a case on guilt or innocence, mugshots will also impact employment, housing and be available to the public at large,” she said. “Especially in our digital age, these images may be available in perpetuity, and often without the context of a person's guilt or innocence.”
The previous law was signed into law by former Gov. John Bel Edwards, a Democrat. The current Republican governor, Jeff Landry, signed the Seabaugh measure, which was passed by lawmakers intent on reducing crime. Another new law allows people who come within 25 feet of law enforcement officers to be charged with a crime if the officers order them to back off.
Two years ago, Duplessis won bipartisan support for his bill restricting the release of mugshots, arguing that nonviolent offenders or people acquitted of crimes should not be burdened by “a digital footprint” that tends to follow them around in later life and hurts their ability to find jobs.
Critics of the previous law have pointed out that the release of mugshots of people charged with offenses can help to solve crimes.
"The testimony I got from multiple sheriffs is that they don't necessarily want to employ a full-time person to determine when they can and when they can't release a mugshot," Seabaugh said in previous testimony about the bill.
Opponents of the Seabaugh measure, however, argued that law enforcement agencies didn’t provide evidence that any police investigations were hampered under the previous law.