Amended in Assembly April 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2533

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 amended, 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 begin delete 5 end delete begin insert 3 end insert 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) 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
begin delete five end delete begin insert three end insert 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.

(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.