BILL NUMBER: AB 2533	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Santiago

                        FEBRUARY 19, 2016

   An act to amend Section 3307.5 of the Government Code, relating to
public safety officers.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 3307.5 of the Government Code is amended to
read:
   3307.5.  (a)  No   A  public safety
officer shall  not  be required as a condition of employment
by his or her employing public safety department or other public
agency to consent to the use of his or her photograph or identity as
a public safety officer on the Internet for any purpose if that
officer reasonably believes that the disclosure may result in a
threat, harassment, intimidation, or harm to that officer or his or
her family. 
   (b) A public safety officer shall be entitled to a minimum of five
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.  
   (b) 
    (c)  Based upon his or her reasonable belief that the
disclosure of his or her photograph or identity as a public safety
officer on the Internet as described in subdivision (a)  or (b)
 may result in a threat, harassment, intimidation, or harm, the
officer may notify the department or other public agency to cease and
desist from that disclosure. After the notification to cease and
desist, the officer, a district attorney, or a United States Attorney
may seek an injunction prohibiting any official or unofficial use by
the department or other public agency on the Internet of his or her
photograph or identity as a public safety officer. The court may
impose a civil penalty in an amount not to exceed five hundred
dollars ($500) per day commencing two working days after the date of
receipt of the notification to cease and desist.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.