December 18, 2013
The Assembly is set to consider a bill Thursday that would prohibit the release of a suspect’s mug shots until that person is convicted of crime.
The bill’s sponsors say the goal of the legislation is to protect the reputation of innocent people and also prevent websites, which charge money for mug shots to be removed, from accessing the images.
But the New Jersey Press Association argues that the state’s Open Public Records Act requires the release of specific information related to police charges, among that information is the identity of the person being charged and photographs are an important identifying factor.
The records law does not require the release of mug shots, which are issued at the discretion of law enforcement agencies. However Assemblyman Ron Dancer, R-Ocean, has a bill pending that would require them to be released under the law.
Tom Cafferty, the press association’s general counsel, testified before the Assembly Law and Public Safety Committee last month that mug shots can also help protect the identity of innocent people.
“It is common for individuals to have the same name or similar names,” Cafferty said. “I suggest to you that providing a copy of a mug shot together with the details of the arrest can wind up protecting the reputation of people who aren’t arrested but who have a similar name.”
Assemblyman Joseph Cryan, D-Union, a member of the committee, called Cafferty’s testimony “laughable” and “almost offensive” before voting to release the bill last month.
Committee Chairman Assemblyman Charles Mainor, a Jersey City Police Detective and sponsor of the bill, accused Cafferty of “sensationalized” remarks at the hearing.
“By placing a mug shot on the front page a paper does sell more papers,” he said.
Mainor said people who are wrongly accused of a crime should not have to go through the expensive legal process of having their records expunged to protect their reputation.
“What we’re trying to do is not allow someone’s mug shot to be put out in public that has not been convicted of a crime, ruining their reputation,” he said.
He said he’s also looking to make changes to what information is available under the state’s Open Public Records Act, though he did not offer specifics.
Before the committee voted to release the bill, Cafferty instead suggested it support a bill Sen. Teresa Ruiz, D-Essex, proposed that would prohibit a person from charging a fee to stop publishing personal identifying information obtained through the state’s criminal justice system.
“The fact of the arrest is a public record has always been a public record and I would hope the committee isn’t considering among the amendments to OPRA,” Cafferty said.
All pending measures must be approved before the Legislature ends its session next month. If not, the bills die and must be reintroduced.
source
The bill’s sponsors say the goal of the legislation is to protect the reputation of innocent people and also prevent websites, which charge money for mug shots to be removed, from accessing the images.
But the New Jersey Press Association argues that the state’s Open Public Records Act requires the release of specific information related to police charges, among that information is the identity of the person being charged and photographs are an important identifying factor.
The records law does not require the release of mug shots, which are issued at the discretion of law enforcement agencies. However Assemblyman Ron Dancer, R-Ocean, has a bill pending that would require them to be released under the law.
Tom Cafferty, the press association’s general counsel, testified before the Assembly Law and Public Safety Committee last month that mug shots can also help protect the identity of innocent people.
“It is common for individuals to have the same name or similar names,” Cafferty said. “I suggest to you that providing a copy of a mug shot together with the details of the arrest can wind up protecting the reputation of people who aren’t arrested but who have a similar name.”
Assemblyman Joseph Cryan, D-Union, a member of the committee, called Cafferty’s testimony “laughable” and “almost offensive” before voting to release the bill last month.
Committee Chairman Assemblyman Charles Mainor, a Jersey City Police Detective and sponsor of the bill, accused Cafferty of “sensationalized” remarks at the hearing.
“By placing a mug shot on the front page a paper does sell more papers,” he said.
Mainor said people who are wrongly accused of a crime should not have to go through the expensive legal process of having their records expunged to protect their reputation.
“What we’re trying to do is not allow someone’s mug shot to be put out in public that has not been convicted of a crime, ruining their reputation,” he said.
He said he’s also looking to make changes to what information is available under the state’s Open Public Records Act, though he did not offer specifics.
Before the committee voted to release the bill, Cafferty instead suggested it support a bill Sen. Teresa Ruiz, D-Essex, proposed that would prohibit a person from charging a fee to stop publishing personal identifying information obtained through the state’s criminal justice system.
“The fact of the arrest is a public record has always been a public record and I would hope the committee isn’t considering among the amendments to OPRA,” Cafferty said.
All pending measures must be approved before the Legislature ends its session next month. If not, the bills die and must be reintroduced.
source
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