A new California law is imposing additional regulations and requirements on the sharing of mugshots on social media platforms by law enforcement agencies.
AB 994, which was signed by Governor Gavin Newsom in September and went into effect on January 1, restricts the posting of mugshots of individuals arrested for nonviolent crimes unless sharing the photo will aid in the person’s capture, there is an existing threat to others or a judge orders the image to be released.
For persons accused of any crime, the new law also requires police departments and sheriff’s offices to include the name and pronouns provided by the arrestee when posting their mugshots on social media. The use of other legal names or aliases is only allowed if it will assist in detaining the individual, will reduce an imminent threat to public safety or is authorized by judge.
Additionally, the legislation requires agencies to remove all mugshots from social media within 14 days unless the above three conditions apply.
Notably, these regulations are retroactive, compelling agencies to comb through past social media posts and delete old mugshots that do not meet the new criteria.
Assemblymember Corey Jackson, the author of AB 994, stated that the law brings more equality and justice to Californians by ensuring that no one is assumed guilty.
However, the Sacramento County Sheriff’s Office acknowledged that the law would change their procedures, particularly in the removal of old social media posts.
“With this, we’re gonna have to go back from the minute we founded any social media and scrub through each booking photo that we’ve ever posted,” Sergeant Amar Gandhi told KCRA News.
While some welcome the law as a step toward respecting individuals’ rights, others criticize it as a misplaced priority. Critics argue that with more pressing issues at hand, the state is wasting time and taxpayer money on what they perceive as unnecessary legislation.
California law already prohibited publishing mugshots of suspects charged with nonviolent offenses.
