Bill Text: CA SB1027 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 1027	AMENDED
	BILL TEXT

	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 1.18.27 (commencing with Section 1798.91.1) to
Article 12 of Chapter 1 of Part 4 of Division 3 of the Civil Code,
relating to personal data.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1027, as amended, 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 or accepting a fee or other consideration to
remove, correct, or modify that photograph, as specified. The bill
would authorize a  person   subject individual,
as defined, 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Title 1.18.27 (commencing with Section 1798.91.1) is
added to Article 12 of Chapter 1 of Part 4 of Division 3 of the Civil
Code, to read:

      TITLE 1.18.27.  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 and
had his or her booking photograph taken. 
   (3) "Person" means a natural person, partnership, joint venture,
corporation, limited liability company, or other entity. 
   (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 or accept the payment of a fee
or other consideration to remove, correct, or modify that booking
photograph.
   (c) Notwithstanding subdivision (b), a public entity may charge or
collect a fee to correct, modify, or remove 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.