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

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Date Published: 04/29/2021 09:00 PM
AB1475:v97#DOCUMENT

Amended  IN  Assembly  April 29, 2021
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1475


Introduced by Assembly Member Low

February 19, 2021


An act to add Section 13660 to the Penal Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 1475, as amended, Low. Law enforcement: social media.
Existing law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data, including prohibiting agency personnel from uploading recorded data onto public and social media internet websites, when establishing policies and procedures for the implementation and operation of a body-worn camera system.
This bill would prohibit, except as specified, a police department or sheriff’s office from sharing, on social media, booking photos of an individual arrested on suspicion of committing a nonviolent crime, as defined. The bill would require a police department or sheriff’s office that shares photos or the identity of any arrested individual on social media shares, on social media, photos or the identity of an individual arrested for the suspected commission of any crime to remove the information from its social media page page, upon request as specified, if the individual’s record has been sealed, the individual’s conviction has been dismissed, expunged, pardoned, or eradicated pursuant to law, the individual has been issued a certificate of rehabilitation, or the individual is found not guilty of committing the crime for which they were arrested.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


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 any 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)

(1) 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)

(2) 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)

(3) 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.