This week, the sponsor of a bill to limit information police could publicly release about arrestees recalled the proposal and amended it to remove its most contentious provision.
Sponsored by State Rep. Sean Lynn (D-Dover), House Bill 59 (as amended) seeks to prevent law-enforcement agencies from releasing or publishing the names and photos of arrestees unless the person is charged with a violent felony and sharing the information is necessary to protect the public’s safety.
Rep. Lynn maintained that people who have been arrested are presumed innocent until convicted, and that publishing their names and images creates a public perception of guilt, unfairly causing reputational damage that cannot be undone.
When the bill was initially debated on the House floor last month, there was broad agreement on this point. But lawmakers were sharply divided over a secondary provision that would have banned police from sharing images of suspects, except in limited circumstances.
House Republicans, including State Reps. Shannon Morris (R-Harrington, Felton) and Valerie Jones Giltner (R-Georgetown), argued this was a step too far, saying it would severely handicap police by removing a powerful tool for advancing criminal investigations.
While several states have laws that limit public access to booking information or restrict its use on social media platforms, there do not appear to be any that currently bar police from issuing photos or videos when seeking a suspect.
The bill passed on May 19th without Republican support in a tight party-line vote of 23-11.
This week, Rep. Lynn recalled the bill, rescinded the previous House vote, and amended it to remove the section barring the release of suspect photos. As a result, the modified version of the bill received bipartisan support, passing 31-8.
“I appreciate Rep. Lynn taking this action,” said State House Republican Leader Tim Dukes (R-Laurel). “With the amendment, I was comfortable voting in favor of the bill.”
State House Republican Whip Jeff Spiegelman (R-Townsend, Smyrna, Clayton) also lauded the move. “Rep. Lynn has given me some hope that there are still some instances where we can overcome party tribalism and reach consensus on good policy.”
The bill is now pending action in the Senate Judiciary Committee.
