California 2021-2022 Regular Session

California Assembly Bill AB1475

Introduced
2/19/21  
Refer
3/11/21  
Refer
3/11/21  
Report Pass
3/25/21  
Refer
3/26/21  
Report Pass
4/14/21  
Refer
4/14/21  
Report Pass
4/26/21  
Engrossed
5/6/21  
Engrossed
5/6/21  
Refer
5/6/21  
Refer
5/6/21  
Refer
5/19/21  
Refer
5/19/21  
Report Pass
6/15/21  
Report Pass
6/15/21  
Refer
6/15/21  
Refer
6/15/21  
Report Pass
6/16/21  
Report Pass
6/16/21  
Refer
6/16/21  
Refer
6/16/21  
Report Pass
6/30/21  
Enrolled
7/12/21  
Enrolled
7/12/21  
Chaptered
7/23/21  
Chaptered
7/23/21  
Passed
7/23/21  

Caption

Law enforcement: social media.

Impact

The enactment of AB 1475 is intended to strengthen privacy protections for individuals accused of nonviolent offenses, emphasizing that suspects are presumed innocent until proven guilty. The bill aims to mitigate the potential long-term repercussions of posting booking photos online, which can skew public perception and contribute to social stigmas. Additionally, the bill mandates the removal of a booking photo upon request if the individual's record has been sealed or if they have been found not guilty, which signifies a significant shift in how law enforcement handles publicly sensitive data.

Summary

Assembly Bill No. 1475, primarily known as AB 1475, implements new regulations concerning how law enforcement agencies can manage booking photos of individuals arrested for nonviolent crimes. The bill specifically prohibits police departments and sheriff's offices from sharing these booking photos on social media unless certain conditions are met, such as if the suspect poses a significant threat to public safety or if a judge orders the release. This legislation was initiated to address growing concerns about the public dissemination of arrest photos, which can adversely impact an individual's life by implying guilt irrespective of the outcome of their charges.

Sentiment

Overall, the sentiment surrounding AB 1475 appears to be largely supportive, particularly among those advocating for criminal justice reform and civil liberties. Proponents argue that the legislation is a necessary step towards better protecting the rights and dignity of individuals who have not been convicted of any crime. Critics, however, may see it as an unnecessary limitation on law enforcement's ability to inform the public, albeit this concern is often countered by the argument regarding protecting individual rights and preventing undue harm that could arise from public shaming through social media.

Contention

One notable point of contention is the balance between transparency in law enforcement and protecting individuals' rights. While supporters of the bill point to the risk of racial bias exacerbated by the public sharing of booking photos, opponents may argue that withholding such information could hinder public safety measures. This conflict comes amid concerns of racial inequities within the justice system, where booking photos can be perceived as perpetuating harmful stereotypes against minority communities, based on incidents like a directive issued by the San Francisco Police Chief against the release of booking photos due to their potential to foster racial bias.

Companion Bills

No companion bills found.

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