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AB 1475 – Prohibits Law Enforcement From Sharing Booking Photos On Social Media
AB 1475 prohibits law enforcement entities from sharing, on their social media pages, booking photos for individuals arrested for nonviolent crimes, unless any of the following circumstances exist:
- 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 the suspect’s image will assist in apprehending the suspect or reducing or eliminating the threat;
- A court order is issued which permits the release of the suspect’s image based on a finding that the release is in furtherance of a legitimate law enforcement interest; or
- There is an exigent circumstance that necessitates the dissemination of the suspect’s image in furtherance of an urgent and legitimate law enforcement interest.
AB 1475 further requires a law enforcement entity that shares, on social media, a booking photo of an individual arrested for a nonviolent crime to remove the photo from its social media page within 14 days, upon the request of the arrestee or the arrestee’s representative.
AB 1475 also requires a law enforcement entity to remove a booking photo from its social media page for an individual arrested for a violent crime as identified in Penal Code Section 667.5(c) within 14 days of a request from the individual or the individual’s representative if the individual or their representative demonstrates any of the following:
- 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;
- The individual was found not guilty of the crime for which they were arrested; or
- The individual was ultimately not charged with the crime or the charges were dismissed.
- AB 1475 applies retroactively as to any booking photo previously shared by law enforcement on social media.
(AB 1475 adds Section 13665 to the Penal Code.)