Bill to criminalize first responders taking unofficial photos of dead people clears Assembly committee

First responders have been widely hailed as heroes during the coronavirus pandemic. But on Tuesday the Assembly Public Safety Committee passed a bill that would criminalize recent high-profile misconduct by one in their ranks.

AB 2655, passed 5-0 and now headed to the full Assembly, would make it a misdemeanor for a first responder to record images of a dead person "for any purpose other than an official law enforcement purpose or for a genuine public interest." Those convicted could face a year in prison and a $5,000 fine per violation.

The bill would also place an expansive definition of "first responder" into state law, including not just peace officers, firefighters and paramedics but also dispatchers and coroners.

The bill's author, Assemblyman Mike Gipson, D-Carson, told the committee it was inspired by a first responder who took pictures at the site where basketball star Kobe Bryant and eight others died in a helicopter crash in Calabasas in January. The photos were shown to people in a bar and a bartender reported it.

The bill has split law enforcement. The Peace Officers Research Association of California submitted written testimony arguing, "Law enforcement agencies already have policies and guidelines restricting the release of this information." Other groups argued first responders could violate the law inadvertently.

While Los Angeles County Sheriff Alex Villanueva testified for the bill and his department sponsored it, many of his deputies opposed it.

"We do not, obviously, ever want to see something like this happen again ... but we want to make sure the bill is narrow in scope and focused on those who maliciously intend to commit a crime," testified lobbyist Matthew Siverling on behalf of the Association for Los Angeles Deputy Sheriffs and the Los Angeles Police Protective League.

Several legislators also noted the committee has shown a reluctance in recent years to pass new laws that could result in incarceration for law enforcement officers.

"I hope you will continue to work with the opposition," said Assemblywoman Sydney Kamlager, D-Los Angeles. "I certainly think it's challenging to punish a lack of professionalism with jail time."

Kamlager also asked if there was a need to add language differentiating between a personal camera or electronic device and one used by first responders in carrying out their jobs.

"A phone is a phone," Gipson replied.

He went on to argue the bill was already narrow, focusing specifically on images of dead people, especially if taken by someone who is not part of an official investigatory team. Gipson also said officers and other responders would not be subject to random searches of their devices. Rather, he said, a search would require both a warrant and reasonable suspicion"in order to establish probable cause.

"First responders shared images of that horrific crash," Gipson told the committee. "Current law does not prohibit capturing these images of deceased persons."