SB 1217 California Senate · 2025-2026 Regular Session

Nonconsensual Intimate Image Clearinghouse.

Summary

Existing law requires the Attorney General to establish and maintain various databases and information centers relating to the identification, apprehension, and prevention of crimes, including the Violent Crime Information Center and the Automated Firearms System, among others. Existing law requires a business that controls the collection of a consumer's personal information to delete that information upon the request of the consumer and provides for administrative penalties if the business fails to act on the consumer's request. This bill would, beginning January 1, 2029, require the Department of Justice to establish the Nonconsensual Intimate Image Clearinghouse to allow individuals who were exploited in California to submit a request for the removal of nonconsensual intimate images from covered platforms. The bill would define nonconsensual intimate images to include an authentic image depicting a person nude or engaging in sexual conduct distributed without consent or an image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. The bill would require the department to transmit verified identifiers of images to covered platforms and require those platforms to remove verified matches within 48 hours of receipt and to prevent the images from being uploaded again. The bill would require the department to enforce these provisions and would impose civil penalties for violations. The bill would require a peace officer in the investigation of a specified offense to advise a victim that they may make a request to the clearinghouse pursuant to these provisions and would require a peace officer to provide certain information to the clearinghouse, as specified. By increasing duties for peace officers, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill status died 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 19, 2026 Last action May 14, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

03/24/26 - Amended Senate → 04/23/26 - Amended Senate · 7 edits · Apr 23, 2026

MODERATE

The April 23 amendment narrows the bill's scope in several important ways: it explicitly excludes images of minors from the definition of nonconsensual intimate image, tightens the authentic image requirement to only cover images depicting a person nude or engaged in sexual conduct, and narrows 'covered platform' to user-generated content while excluding broadband providers. The separate legislative intent section was removed, and the fiscal committee vote changed from no to yes, indicating the bill is closer to passing.

DEFINITION

The definition of nonconsensual intimate image now explicitly excludes images of minors, meaning the clearinghouse would only handle cases where the depicted person is an adult. This is a significant limitation on who can use the system.

The authentic image prong was narrowed from any 'authentic intimate image distributed without consent' to specifically 'an authentic intimate image depicting a person nude or engaged in sexual conduct distributed without consent.' New cross-reference definitions for 'nude' and 'sexual conduct' were added, both pointing to Section 1708.86.

SCOPE

The definition of 'covered platform' was narrowed from 'an online service that makes content publicly available' to 'an online service that makes user-generated content publicly available,' and now explicitly excludes providers of broadband Internet access service as defined in Section 3100. This removes ISPs and non-user-generated-content services from the bill's reach.

A separate Section 1 containing legislative intent language about establishing a centralized clearinghouse for adults who are victims of online exploitation, abuse, or trafficking was removed entirely. The bill now goes directly into operative provisions without this framing section.

The bill's title was narrowed from 'An act relating to prevention and investigation of crimes' to simply 'An act to add Section 1708.87 to the Civil Code, and to add Section 647.05 to the Penal Code, relating to the internet,' removing the broader crime-prevention framing.

REQUIREMENT

In Penal Code Section 647.05(b), the standard for when a peace officer must provide information to the Department of Justice was changed from 'is able to verify that a violation involves nonconsensual intimate images' to 'is able to verify possesses knowledge that a violation involves nonconsensual intimate images.' The language is awkward and appears to lower the threshold from active verification to mere knowledge.

FISCAL

The fiscal committee vote changed from 'no' to 'yes,' indicating the bill now has fiscal committee approval. The state-mandated local program designation also changed from 'no' to 'yes,' formally acknowledging that the peace officer duties impose costs on local agencies.

02/19/26 - Introduced → 03/24/26 - Amended Senate · 9 edits · Mar 24, 2026

MAJOR

SB 1217 was transformed from a non-operative bill of legislative intent into a fully operative statute establishing the Nonconsensual Intimate Image Clearinghouse under the Department of Justice. The amended version adds specific definitions, platform removal requirements with 48-hour deadlines, civil penalties up to $250,000 per violation for large platforms, and mandates that peace officers inform victims about the clearinghouse. The bill becomes operative on January 1, 2029.

SCOPE

The bill changed from a purely declaratory statement of legislative intent (no operative effect) to an operative statute with binding requirements on the Department of Justice, covered platforms, and peace officers.

Fiscal committee review changed from 'no' to 'yes' and state-mandated local program changed from 'no' to 'yes,' reflecting the new mandates imposed on peace officers at the local level.

DEFINITION

Added definitions for 'nonconsensual intimate image' (covering authentic images, AI-generated or altered images depicting a person nude or in sexual conduct without consent, and images created when the person was a minor who is now an adult), 'covered platform,' 'large covered platform' (30 million or more users), 'small covered platform' (fewer than 30 million users), 'identifier,' and 'coercive production practices.'

REQUIREMENT

Requires the Department of Justice to establish a Nonconsensual Intimate Image Clearinghouse with a secure internet portal, verify requesters and images, transmit verified identifiers to covered platforms, and maintain a database of verified identifiers (not the images themselves).

Requires covered platforms to accept verified notifications from the department, search for matching identifiers, remove verified matches within 48 hours of receipt, and prevent reupload of images with identical identifiers.

Adds Penal Code Section 647.05 requiring peace officers investigating violations of Section 647(j)(4) (revenge porn / nonconsensual intimate images) to inform victims they can report to the DOJ clearinghouse, and to provide verified information about online nonconsensual intimate images to the department.

ENFORCEMENT

Establishes civil penalties: $2,500 per violation for small platforms ($7,500 if intentional), up to $50,000 per violation for large platforms (up to $250,000 if malicious or knowing). Each failure to remove a verified image is a separate violation. No private right of action; the department enforces.

FISCAL

Creates the Nonconsensual Intimate Images Fund in the State Treasury. Civil penalties deposited into the fund are available upon legislative appropriation to support ongoing clearinghouse operations.

TIMELINE

All operative provisions become effective January 1, 2029.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 14, 2026

Upper · Passed

May 14 hearing: Held in committee and under submission.

upper

Apr 23, 2026

Upper · Passed

Read second time and amended. Re-referred to Com. on APPR.

upper

Apr 22, 2026

Upper · Passed

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3983.) (April 21).

upper

Apr 14, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 9. Noes 0. Page 3843.) (April 13). Re-referred to Com. on PUB. S.

upper

Apr 8, 2026

Committee

Re-referred to Coms. on P., D.T., & C.P. and PUB. S.

upper

Apr 8, 2026

Committee

Re-referred to Coms. on PUB. S. and P., D.T., & C.P.

upper

Mar 24, 2026

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

upper

Mar 4, 2026

Committee

Referred to Com. on RLS.

upper

Feb 19, 2026

Introduced

Introduced. Read first time. To Com. on RLS. for assignment. To print.

upper

1 primary · 0 co-sponsors