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AB 994 Create Mugshot Chaos
Recently, California implemented AB 994, a law that mandates police departments to use the self-provided names and pronouns of individuals when posting their mugshots on social media. This legislation, effective from January 1, 2024, is part of a broader initiative to recognize individual identity and privacy rights.
To be honest, I can’t wait for the hilarity to ensue. If I was a arrested in California, I would say my name is Joe Biden and that my preferred pronouns are she/her…. and the cops will have to use that!
Details of the Legislation
Under AB 994, police and sheriff's departments are restricted from posting booking photos of individuals arrested for nonviolent crimes on social media, with certain exceptions. These exceptions include situations where the suspect is a fugitive, poses an imminent threat, or when a judge orders the release of the suspect's image. Additionally, the law mandates that booking photos must be removed from social media within 14 days unless specific conditions are met.
So again, we have a pro criminal law that keeps predators hidden from the public. Let’s say you have a sex registrant that has been seen lurking around bathrooms, which is a misdemeanor. If I wanted to post that image to ask if anyone has seen him around bathrooms, I couldn’t because he’s not a fugitive and and it isn’t a violent crime by definition. But, what if he used the she/her pronouns? Then law enforcement would have to use that even though she is a he.
Law Enforcement Protocols and Limitations
The new law stipulates that law enforcement must adhere to the self-provided names and pronouns of individuals, barring circumstances where sharing other aliases is necessary for public safety or apprehending suspects. The intent is to balance individual rights with the practical needs of law enforcement.
Perspectives on the New Law
Assemblymember Corey Jackson, the bill's author, advocates that the legislation promotes equality and justice in California, emphasizing respect for gender expression and privacy. In contrast, former Los Angeles County Sheriff Alex Villanueva raises concerns about the potential for abuse. He argues that the law could lead to confusion in police reports due to the creation of multiple identities for one individual, and he critiques it as pandering to certain ideologies at the expense of public safety.
Implications for Law Enforcement Compliance
The law does not explicitly state the consequences for non-compliance by law enforcement agencies. However, looking at past instances, such as school districts facing legal challenges for not adhering to state gender-oriented directives, similar repercussions might be expected for police departments that do not comply with AB 994.