Bill Text: CA SB1027 | 2013-2014 | Regular Session | Chaptered
Bill Title: Booking photographs: commercial use.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-08-15 - Chaptered by Secretary of State. Chapter 194, Statutes of 2014. [SB1027 Detail]
Download: California-2013-SB1027-Chaptered.html
BILL NUMBER: SB 1027 CHAPTERED
BILL TEXT
CHAPTER 194
FILED WITH SECRETARY OF STATE AUGUST 15, 2014
APPROVED BY GOVERNOR AUGUST 15, 2014
PASSED THE SENATE AUGUST 4, 2014
PASSED THE ASSEMBLY JUNE 30, 2014
AMENDED IN ASSEMBLY JUNE 24, 2014
AMENDED IN ASSEMBLY JUNE 4, 2014
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE MARCH 28, 2014
INTRODUCED BY Senator Hill
(Coauthor: Senator Leno)
FEBRUARY 14, 2014
An act to add Title 1.81.27 (commencing with Section 1798.91.1) to
Part 4 of Division 3 of the Civil Code, relating to personal data.
LEGISLATIVE COUNSEL'S DIGEST
SB 1027, Hill. Booking photographs: commercial use.
The California Public Records Act requires public records to be
open to inspection at all times during the office hours of the state
or local agency that retains those records, and provides that every
person has a right to inspect any public record, except as provided.
Existing law requires a business to take reasonable steps to
protect unintended disclosure of customer information and limits the
way personal information on customers can be used and disseminated.
This bill would prohibit a person, as defined, who publishes a
booking photograph, as defined, via print or electronic means from
soliciting, requiring, or accepting a fee or other consideration from
a subject individual, as defined, to remove, correct, modify, or to
refrain from publishing or otherwise disseminating that photograph,
as specified. The bill would authorize a subject individual who is
aggrieved by a violation of these provisions to bring a civil suit to
recover the greater of actual damages or a $1,000 penalty for each
violation, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Title 1.81.27 (commencing with Section 1798.91.1) is
added to Part 4 of Division 3 of the Civil Code, to read:
TITLE 1.81.27. Commercial Use of Booking Photographs
1798.91.1. (a) For the purposes of this section, the following
definitions shall apply:
(1) "Booking photograph" means a photograph of a subject
individual taken pursuant to an arrest or other involvement in the
criminal justice system.
(2) "Subject individual" means an individual who was arrested.
(3) "Person" means a natural person, partnership, joint venture,
corporation, limited liability company, or other entity.
(4) "Public entity" means the state, county, city, special
district, or other political subdivision therein.
(b) It shall be unlawful practice for any person engaged in
publishing or otherwise disseminating a booking photograph through a
print or electronic medium to solicit, require, or accept the payment
of a fee or other consideration from a subject individual to remove,
correct, modify, or to refrain from publishing or otherwise
disseminating that booking photograph.
(c) Notwithstanding subdivision (b), a public entity may require
and accept a reasonable administrative fee to correct a booking
photograph.
(d) Each payment solicited or accepted in violation of these
provisions constitutes a separate violation.
(e) In addition to any other sanctions, penalties, or remedies
provided by law, a subject individual may bring a civil action in any
court of competent jurisdiction against any person in violation of
this section for damages in an amount equal to the greater of one
thousand dollars ($1,000) per violation or the actual damages
suffered by him or her as a result, along with costs, reasonable
attorney's fees, and any other legal or equitable relief.
(f) The jurisdiction of a civil action brought pursuant to
subdivision (e) shall also include the county in which the subject
individual resides at the time of the violation of this section.
