Today's Law As Amended


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SB-890 Privacy: video recording of a crime: social media.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares that this act is intended to shield victims of crime, and their families after the victims die, from further injury by protecting their privacy and discouraging incitement of future harm via social media internet websites.

SEC. 2.

 Section 1708.84 is added to the Civil Code, immediately following Section 1708.8, to read:

1708.84.
 (a) A social media internet website shall remove a photograph or video recording uploaded or posted to the internet website by the perpetrator of a crime that depicts the crime within two hours after receiving a request from a victim of the crime that was depicted in the photograph or video, or from the family of a victim if the victim has died, to remove that content. Before making the request, a victim shall have reported the crime to law enforcement and obtained a number corresponding to that report which the victim shall provide to the social media internet website.
(b) A social media internet website that fails to comply with subdivision (a) shall be subject to a civil penalty of one thousand dollars ($1,000) for each day that the photograph or video recording remains available on the internet website commencing two hours after having received the request from a victim of the crime to remove that content.
(c) A civil penalty imposed pursuant to subdivision (b) shall be deposited in the Restitution Fund in the State Treasury and, upon appropriation by the Legislature, may be used for indemnification of victims of crimes pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(d) For purposes of this section:
(1) “Social media internet website” means a website or application that enables users to create and share content and find and connect with other users of common interests.
(2) “Victim” means a California resident found, upon the record, to have sustained physical or financial injury to person or property as a direct result of a crime as defined under the laws of this state, any other state, or of the United States.