AB 1475 prohibits law enforcement entities from sharing, on their social media pages, booking photos for individuals arrested for nonviolent crimes, unless any of the following circumstances exist:
- A police department or sheriff’s office has determined that the suspect is a fugitive or an imminent threat to an individual or to public safety and releasing the suspect’s image will assist in apprehending the suspect or reducing or eliminating the threat;
- A court order is issued which permits the release of the suspect’s image based on a finding that the release is in furtherance of a legitimate law enforcement interest; or
- There is an exigent circumstance that necessitates the dissemination of the suspect’s image in furtherance of an urgent and legitimate law enforcement interest.
AB 1475 further requires a law enforcement entity that shares, on social media, a booking photo of an individual arrested for a nonviolent crime to remove the photo from its social media page within 14 days, upon the request of the arrestee or the arrestee’s representative.
AB 1475 also requires a law enforcement entity to remove a booking photo from its social media page for an individual arrested for a violent crime as identified in Penal Code Section 667.5(c) within 14 days of a request from the individual or the individual’s representative if the individual or their representative demonstrates any of the following:
- The individual’s record has been sealed;
- The individual’s conviction has been dismissed, expunged, pardoned, or eradicated pursuant to law;
- The individual has been issued a certificate of rehabilitation;
- The individual was found not guilty of the crime for which they were arrested; or
- The individual was ultimately not charged with the crime or the charges were dismissed.
- AB 1475 applies retroactively as to any booking photo previously shared by law enforcement on social media.
(AB 1475 adds Section 13665 to the Penal Code.)
