AB 2533, as introduced, Santiago. Public safety officers: recording devices: release of recordings.
The Public Safety Officers Procedural Bill of Rights Act grants certain rights to public safety officers, as defined, including that a public safety officer is not required, as a condition of employment, to consent to the use of his or her photograph or identity as a public safety officer on the Internet for any purpose if the public safety officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to the officer or the officer’s family. That act authorizes a public safety officer, based upon the above-described reasonable belief, to notify a public agency to cease and desist from disclosing the officer’s identity on the Internet and authorizes the officer, a district attorney, or a United States Attorney to seek an injunction prohibiting any official or unofficial use by the public agency on the Internet of the officer’s photograph or identity as a public safety officer.
This bill would require a public safety officer to be provided a minimum of 5 business days’ notice before a public safety department or other public agency releases on the Internet any audio or video of the officer recorded by the officer. The bill authorizes the public safety officer, based upon that reasonable belief, to notify the public safety department or other public agency to cease and desist from disclosing on the Internet any audio or video of the officer that is recorded by the officer and authorizes the officer, a district attorney, or a United States Attorney to seek an injunction to prohibit the release of that audio or video on the Internet.
To the extent that these new requirements would apply to local government employers, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 3307.5 of the Government Code is
2amended to read:
(a) begin deleteNo end deletebegin insertA end insertpublic safety officer shallbegin insert notend insert be required as
4a condition of employment by his or her employing public safety
5department or other public agency to consent to the use of his or
6her photograph or identity as a public safety officer on the Internet
7for any purpose if that officer reasonably believes that the
8disclosure may result in a threat, harassment, intimidation, or harm
9to that officer or his or her family.
10(b) A public safety officer shall be entitled to a minimum of five
11business days’ notice before a public safety department or other
12public agency releases on the Internet any audio or video of the
13officer recorded by the officer.
14(b)
end delete
15begin insert(c)end insert Based upon his or her reasonable belief that the disclosure
16of his or her photograph or identity as a public safety officer on
17the Internet as described in subdivision (a)begin insert
or (b)end insert may result in a
18threat, harassment, intimidation, or harm, the officer may notify
19the department or other public agency to cease and desist from
20that disclosure. After the notification to cease and desist, the
21officer, a district attorney, or a United States Attorney may seek
P3 1an injunction prohibiting any official or unofficial use by the
2department or other public agency on the Internet of his or her
3photograph or identity as a public safety officer. The court may
4impose a civil penalty in an amount not to exceed five hundred
5dollars ($500) per day commencing two working days after the
6date of receipt of the notification to cease and desist.
If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.
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