H. R. 3539
IN THE HOUSE OF REPRESENTATIVES
July 28, 2017
Mr. Rush introduced the following bill; which was referred to the Committee on Financial Services
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.
This Act may be cited as the
Mugshots Elimination Act of 2017.
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:
Procedure for removal of booking photograph from file
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—
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;
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.
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.
Booking photograph defined
In this subsection, the term booking photograph means a photograph of a consumer taken—
at the time of arrest;
at the time the consumer enters into custody prior to or during that consumer’s trial; or
upon conviction or thereafter, when committed to the custody of any correctional agency or facility.