Home » California Law Now Restricts Law Enforcement Use of Suspect Mug Shots on Social Media

California Law Now Restricts Law Enforcement Use of Suspect Mug Shots on Social Media

by CC News
Mug shots

A new law is in effect that dictates when and how law enforcement agencies can publish suspect mug shots on social media platforms.

Under Assembly Bill 994, which began on January 1, 2024, police departments and sheriffs office will have to include the name and pronounces provided by the person arrested when their mugshot is posted on social media accounts.

According to the Bill:

Existing law prohibits a police department or sheriff’s office from sharing, on social media, booking photos of an individual arrested on suspicion of committing a nonviolent crime, as defined, unless specified circumstances exist. Existing law requires a police department or sheriff’s office that shares, on social media, a booking photo of an individual arrested for the suspected commission of a nonviolent crime to remove the information from its social media page, upon request, unless the same specified circumstances exist. Existing law also requires a police department or sheriff’s office to remove the booking photo of a person who has committed any other crime from social media if the individual’s record has been sealed, the individual’s conviction has been dismissed, expunged, pardoned, or eradicated, the individual has been issued a certificate of rehabilitation, the individual is found not guilty of committing the crime for which they were arrested, or the individual was ultimately not charged with the crime or the charges were dismissed.
With respect to an individual who has been arrested for any crime, this bill would require a police department or sheriff’s office, upon posting a booking photo on social media, to use the name and pronouns given by the individual arrested. The bill would authorize a police department or sheriff’s office to use other legal names or known aliases of an individual in limited specified circumstances. This bill would also require that a police department or sheriff’s office remove any booking photo shared on social media after 14 days unless specified circumstances exist. Because the bill would impose higher duties on local law enforcement, it would impose a state-mandated local program.

With the bill now in effect, law enforcement agencies are now forced to go back on all their social media platforms and begin editing or removing old postings.

The bill was introduced by Assemblymember Corey Jackson last February and was one of four bills signed by Governor Gavin Newsom where he said policies are a step forward for a more just and equitable California.

Timeline:

  • 2/15/23 – Bill was introduced
  • 3/21/23 – Passed Assembly Public Safety Committee in 5-2 vote.
  • 4/25/23 – Passed Asm Privacy and Consumer Protection in 8-3 vote
  • 5/10/23 – Passed Asm Appropriations in 12-3 vote
  • 5/25/23 – Passed Assembly in 48-17 vote
  • 6/20/23 – passed Senate Public Safety Committee in 4-1 vote
  • 7/6/23 – Passed Sen Judiciary in 7-2 vote
  • 9/5/23 – Passed Senate Floor in 25-11 vote
  • 9/7/23 – Passed Assembly Floor in 52-20 vote
  • 9/23/23 – Bill approved by Governor and Chaptered

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