Today's Law As Amended


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AB-1475 Law enforcement: social media.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 13660 is added to the Penal Code, to read:

13660.
 (a) A police department or sheriff’s office shall not share, on social media, booking photos of an individual arrested on suspicion of committing a nonviolent crime unless one of the following circumstances exist:
(1) The individual is convicted of a criminal offense based on the conduct for which the individual was incarcerated at the time the booking photo was taken.
(2) A police department or sheriff’s office has determined that the suspect is a fugitive or an imminent threat to an individual or to public safety and releasing or disseminating the suspect’s image will assist in locating or apprehending the suspect or reducing or eliminating the threat.
(3) A judge orders the release or dissemination of the suspect’s image based on a finding that the release or dissemination is in furtherance of a legitimate law enforcement interest.
(4) There is an exigent circumstance that necessitates the dissemination of the suspect’s image in furtherance of an urgent and legitimate law enforcement interest.
(b) (1) A police department or sheriff’s office that shares, on social media, photos or the identity of an individual arrested for the suspected commission of any crime shall remove the information from its social media page within 14 days, upon the request of the individual who is the subject of the social media post or the individual’s representative, if any of the following have occurred:
(A) The individual’s record has been sealed.
(B) The individual’s conviction has been dismissed, expunged, pardoned, or eradicated pursuant to law.
(C) The individual has been issued a certificate of rehabilitation.
(D) The individual was found not guilty of the crime for which they were arrested.
(2) This subdivision shall apply retroactively to any information shared on social media.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Nonviolent crime” means a crime not identified in subdivision (c) of Section 667.5.
(2) “Social media” has the same meaning as in Section 632.01.