AB 627

Under current law, if properly authenticated as being a true representation of

the image in the photograph or motion picture, an original of a photograph or motion

picture may be admitted into evidence to prove the content of the photograph or

motion picture. This bill allows the introduction, in a criminal prosecution, of a

digital representation of a photograph, film, motion picture, audio, or video that was

created by a law enforcement agent for purposes of proving the content of that digital

representation only if that content has not been altered and is in a format that

includes bits representing a watermark scattered within the file in such a way that

they cannot be identified or manipulated and that shows that the digital

representation has not been altered from its original representation. Digital

representation, as defined in the bill, means any recording or image of a person,

place, document, sound, or event that is created or stored by data in the form of

numerical digits.

The bill creates a Class A misdemeanor for altering a digital representation

with the intent to falsify its contents or for requesting the admission into evidence

of a digital representation to prove the contents of that representation if the person

knew those contents had been altered.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.