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H.R. 3539 (115th): Mugshots Elimination Act of 2017

The text of the bill below is as of Jul 28, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 3539

IN THE HOUSE OF REPRESENTATIVES

July 28, 2017

introduced the following bill; which was referred to the Committee on Financial Services

A BILL

To amend the Fair Credit Reporting Act to establish a procedure for the removal of a booking photograph from a consumer’s file, and for other purposes.

1.

Short title

This Act may be cited as the Mugshots Elimination Act of 2017.

2.

Procedure for removal of a booking photograph from a consumer’s file by a consumer reporting agency

Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following new subsection:

(i)

Procedure for removal of booking photograph from file

(1)

In general

If a consumer desires to remove a booking photograph of the consumer contained in the consumer's file at a consumer reporting agency, the consumer may submit a request to remove such booking photograph to the agency directly, or indirectly through a reseller, or to the furnisher of such booking photograph. The consumer reporting agency shall remove such booking photograph from the consumer’s file—

(A)

not later than 30 days after the receipt of such a request, if the consumer submits such request to the agency directly or indirectly through a reseller;

(B)

not later than 45 days after the receipt of such a request, if the consumer submits such request to the furnisher of such booking photograph.

(2)

Notification to consumer reporting agency

If a furnisher of a booking photograph receives a request from a consumer to remove such booking photograph from the consumer’s file, such furnisher shall submit such request to each consumer reporting agency described under section 603(p) not later than 5 days after receipt of such request.

(3)

Booking photograph defined

In this subsection, the term booking photograph means a photograph of a consumer taken—

(A)

at the time of arrest;

(B)

at the time the consumer enters into custody prior to or during that consumer’s trial; or

(C)

upon conviction or thereafter, when committed to the custody of any correctional agency or facility.

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