California law mandates that police must utilize the suspect’s preferred pronouns when sharing their mugshot
California Law Includes Preferred Pronouns with Suspects’ Mugshots and Limits Social Media Presence
A new California law, AB 994, will bring significant changes to the way mugshots are handled. Effective Monday, this law not only requires the inclusion of preferred pronouns with suspects’ mugshots but also imposes limitations on their presence on social media.
Amendment to Mugshot Publishing
AB 994 amends the current law on publishing mugshots, allowing only suspects with violent charges to have their mugshots remain on social media for a maximum of two weeks. Furthermore, these mugshots can only be posted if the suspect is considered a fugitive or an imminent threat to public safety. The release or dissemination of the suspect’s image must assist in locating or apprehending the individual or reducing the threat.
This law applies retroactively, meaning that law enforcement agencies will have to delete old mugshots from their social media platforms. However, it’s important to note that this law does not extend to the websites or data systems of these agencies.
While the law is in effect, a judge or exigent circumstance can still supersede it. If it takes longer than two weeks to locate the suspect, their photo can remain on social media.
Law enforcement agencies will also respect the preferred name and pronouns provided by the suspect when publishing their mugshot. However, if including the suspect’s legal name aids in locating or apprehending them, it may be included as well.
California already had laws prohibiting the publication of mugshots for suspects charged with nonviolent offenses. Violent crimes, such as murder, rape, kidnapping, arson, robbery, and burglary, are included in this category.
In 2022, California witnessed nearly 195,000 instances of violent crime, as reported by FBI crime data. It’s important to note that this data only represents 49% of law enforcement agencies that participated in the FBI’s newest system, National Incident Based Reporting.
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Why is the inclusion of preferred pronouns particularly important for transgender and non-binary individuals?
Only requires the inclusion of preferred pronouns with suspects’ mugshots but also imposes restrictions on the use of social media to share these photographs. The aim of this legislation is to promote inclusivity and protect the privacy of individuals involved in criminal cases.
Under AB 994, law enforcement agencies in California must now include the preferred pronouns of suspects when releasing mugshots to the public. This move is seen as a significant step towards recognizing and respecting the gender identity of individuals, as it allows them to be correctly identified and acknowledged in their communities.
The inclusion of preferred pronouns with mugshots is particularly important for transgender and non-binary individuals who often face challenges in having their gender identity recognized and respected. By allowing individuals to choose the pronouns they prefer to be associated with, this law helps to reduce misgendering and the subsequent emotional distress that can arise from it.
Furthermore, AB 994 imposes limitations on the use of social media to share suspects’ mugshots. Law enforcement agencies are now prohibited from posting these images on their official social media platforms. The rationale behind this restriction is to prevent the spread of potentially prejudicial or stigmatizing content that could harm the reputation and presumption of innocence of the individuals involved. By limiting the reach of mugshots on social media, the law aims to safeguard the privacy and integrity of suspects during the investigation and legal process.
While the intention behind AB 994 is commendable, some concerns have been raised regarding the potential impact on public safety. Critics argue that by restricting the dissemination of mugshots on social media, it might become more challenging for the public to identify and report suspects. In response to these concerns, supporters of the law contend that the primary purpose of releasing mugshots is to aid law enforcement investigations and not necessarily for public shaming or retribution. They argue that traditional methods such as local news outlets or departmental websites can still be used to share these photographs without compromising the privacy and well-being of suspects.
California’s move to include preferred pronouns with mugshots and limit social media presence sets a precedent for other states to enact similar legislations that prioritize inclusivity and privacy. By recognizing individuals’ gender identity and protecting their reputation, the law reinforces the values of equality and fairness within the criminal justice system.
In conclusion, California’s AB 994 is a progressive step towards recognizing and respecting the gender identity of individuals involved in criminal cases. By including preferred pronouns with mugshots, the law acknowledges the importance of proper identification and reduces the potential for misgendering. Additionally, by limiting the use of social media to share these photographs, the law safeguards the privacy and reputation of suspects. Although criticisms have been raised, the overall impact of this legislation is likely to enhance inclusivity and create a more equitable criminal justice system.
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