Amended in Assembly June 4, 2014

Amended in Senate April 21, 2014

Amended in Senate March 28, 2014

Senate Bill No. 1027

Introduced by Senator Hill

(Coauthor: Senator Leno)

February 14, 2014

An act to add Title begin delete 1.18.27 end delete begin insert 1.81.27 end insert (commencing with Section 1798.91.1) to begin delete Article 12 of Chapter 1 of end delete 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 from soliciting or accepting a fee or other consideration begin insert from a subject individual, as defined, end insert to remove, correct, or modify that photograph, as specified. The bill would authorize a subject individual begin delete , as defined, end delete 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:

SECTION 1.  

Title begin delete 1.18.27 end delete begin insert 1.81.27 end insert (commencing with Section
1798.91.1) is added to begin delete Article 12 of Chapter 1 of end delete Part 4 of Division
3 of the Civil Code, to read:

 

Title  begin delete 1.18.27. end delete begin insert 1.81.27. end insert   Commercial Use of Booking
Photographs

 

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.

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

begin insert

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

end insert

(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 begin insert from a subject individual end insert
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.