Invasion of privacy: first responders.

Existing law generally prohibits a reproduction of any kind of photograph of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, from being made or disseminated. Existing law generally makes a person who views, by means of any instrumentality, including, but not limited to, a camera or mobile phone, the interior of any area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside, guilty of a misdemeanor. This bill would make it a misdemeanor for a first responder, as defined, who responds to the scene of an accident or crime to capture the photographic image of a deceased person for any purpose other than an official law enforcement purpose or a genuine public interest. By creating a new crime, the bill would impose a state-mandated local program. The bill would require an agency that employs first responders to, on January 1, 2021, notify those first responders of the prohibition imposed by the bill. By increasing the duties of local agencies, the bill would impose a state-mandated local program. Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized constitute evidence showing that a felony has been committed. This bill would authorize a search warrant to be issued on the grounds that the property or things to be seized consists of evidence that tends to show that a first responder has engaged or is engaging in the crime established by this bill. The bill would exclude from the scope of that search warrant evidence of a violation of a departmental rule or guideline that is not a public offense under California law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.