Amended in Senate March 28, 2014

Senate Bill No. 1027

Introduced by Senator Hill

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. begin delete Criminal record information: end delete begin insert Booking photographs: end insert 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 who publishes begin delete criminal record information, end delete begin insert a booking photograph, end insert as defined, via print or electronic means from soliciting or accepting a fee or other consideration to remove, correct, or modify that begin delete information, end delete begin insert photograph, end insert as specified. The bill would begin delete establish civil penalties for violations of these provisions. end delete begin insert authorize a person 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. end insert

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 begin delete Photos end delete
begin insert Photographs end insert

 

begin delete

1798.91.1.  

(a) It shall be unlawful practice for any person
engaged in publishing or otherwise disseminating criminal record
information through a print or electronic medium to solicit or
accept the payment of a fee or other consideration to remove,
correct, or modify that criminal record information.

(b) For the purposes of this section, “criminal record
information” includes all of the following:

(1) Descriptions or notations of any arrests, any formal criminal
charges, and the disposition of those criminal charges, including,
but not limited to, any information made available under the
California Public Records Act.

(2) Photographs of the person taken pursuant to an arrest or
other involvement in the criminal justice system.

(3) Personal identifying information obtained in connection
with an arrest, including a person’s name, address, date of birth,
photograph, and social security number or other government-issued
identification number.

(c) Each payment solicited or accepted in violation of these
provisions constitutes a separate violation.

(d) A civil penalty of up to one thousand dollars ($1,000) may
be imposed for each violation of this section.

end delete begin insert

begin insert 1798.91.1. end insert   

(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.

(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.

end insert