Amended in Assembly June 24, 2014

Amended in Assembly June 4, 2014

Amended in Senate April 21, 2014

Amended in Senate March 28, 2014

Senate BillNo. 1027


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, 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 frombegin delete solicitingend deletebegin insert soliciting, requiring,end insert or accepting a fee or other consideration from a subject individual, as defined, to remove, correct,begin delete or modifyend deletebegin insert modify, or to refrain from publishing or otherwise disseminatingend insert 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.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Title 1.81.27 (commencing with Section
21798.91.1) is added to Part 4 of Division 3 of the Civil Code, to
3read:

4 

5Title 1.81.27.  Commercial Use of Booking
6Photographs

7

 

8

1798.91.1.  

(a) For the purposes of this section, the following
9definitions shall apply:

10(1) “Booking photograph” means a photograph of a subject
11individual taken pursuant to an arrest or other involvement in the
12criminal justice system.

13(2) “Subject individual” means an individual who wasbegin delete arrested
14and had his or her booking photograph taken.end delete
begin insert arrested.end insert

15(3) “Person” means a natural person, partnership, joint venture,
16corporation, limited liability company, or other entity.

17(4) “Public entity” means the state, county, city, special district,
18or other political subdivision therein.

19(b) It shall be unlawful practice for any person engaged in
20publishing or otherwise disseminating a booking photograph
21through a print or electronic medium tobegin delete solicitend deletebegin insert solicit, require,end insert or
22accept the payment of a fee or other consideration from a subject
23individual to remove, correct,begin delete or modifyend deletebegin insert modify, or to refrain from
24publishing or otherwise disseminatingend insert
that booking photograph.

25(c) Notwithstanding subdivision (b), a public entity maybegin delete charge
26or collect aend delete
begin insert require and accept a reasonable administrativeend insert fee to
27begin delete correct, modify, or removeend deletebegin insert correctend insert a booking photograph.

28(d) Each payment solicited or accepted in violation of these
29provisions constitutes a separate violation.

30(e) In addition to any other sanctions, penalties, or remedies
31provided by law, a subject individual may bring a civil action in
32any court of competent jurisdiction against any person in violation
33of this section for damages in an amount equal to the greater of
P3    1one thousand dollars ($1,000) per violation or the actual damages
2suffered by him or her as a result, along with costs, reasonable
3attorney’s fees, and any other legal or equitable relief.

4(f) The jurisdiction of a civil action brought pursuant to
5subdivision (e) shall also include the county in which the subject
6individual resides at the time of the violation of this section.



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