BILL NUMBER: SB 1027	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2014

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.  Criminal record information:
  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 who publishes  criminal
record information,   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
 information,   photograph,  as specified.
The bill would  establish civil penalties for violations of
these provisions.  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. 
   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  Photos
  Photographs 


   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.  
   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.
   (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.