[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3539 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3539

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

   Mr. Rush 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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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