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



Current Version: 03/25/21 - Amended Assembly Compare Versions information image


AB1475:v98#DOCUMENT

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 or the identity of an individual arrested on suspicion of committing a nonviolent crime. 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 to remove the information from its social media page if the individual’s record is expunged 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. The bill would require a police department or sheriff’s office to maintain a system to track each time that information is shared on social media in order to facilitate its later removal.
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) (1)A police department or sheriff’s office shall not share, on social media, photos, including booking photos, or the identity booking photos of an individual arrested on suspicion of committing a nonviolent crime. crime unless one of the following circumstances exist:

(2)Paragraph (1) does not apply if sharing photos or the identify of an individual arrested on suspicion of committing a nonviolent crime is necessary to warn the public of imminent danger or to enlist the public’s help in locating an individual, including an at-risk person.

(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 if the individual’s record is expunged or the individual is found not guilty of committing the crime for which they were arrested. In order to facilitate the later removal of this information, a police department or sheriff’s office shall maintain a system to track each time that information is shared on social media. 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.