Texas House Bill HB2861

Texas 2013 - 83rd Regular

Caption

Relating to certain business entities engaged in the publication, republication, or other dissemination of mug shots and other information regarding the involvement of an individual in the criminal justice system; providing a civil penalty.

Impact

The implications of HB 2861 on state laws are notable, as it introduces stricter regulations for businesses operating in this niche. By defining clear duties for the dissemination of criminal records, it aims to minimize the potential for misinformation and harm to individuals whose records are published. The civil penalties and the requirement for businesses to remove inaccurate information aim to deter publishing practices that could infringe on individual privacy rights. Thus, if enacted, it could reduce the prevalence of exploitative practices in the market for criminal records.

Summary

House Bill 2861 addresses the issue of businesses that engage in the publication, republication, or dissemination of mug shots and criminal record information. The bill includes specific regulations aimed at ensuring that any criminal record information disseminated by these businesses is both complete and accurate. It imposes civil penalties on entities that fail to comply with the requirements of the new chapter, specifically targeting those that charge fees for removing or correcting this information. This legislative effort seeks to enhance the protection of individuals' privacy in relation to their criminal records.

Sentiment

General sentiment around HB 2861 appears to lean towards support for community protection and individual privacy. Advocates for this bill argue that it is a necessary step toward curbing the negative impacts of mug shot websites on people who have been arrested but not convicted of crimes. However, there may be opposition from businesses that rely on revenue from publishing these records, highlighting a potential conflict between commercial interests and public welfare.

Contention

Notable points of contention surrounding the bill include the balance between freedom of information and individual privacy rights. Critics may argue that imposing restrictions on mug shot publication could impede the public's right to access certain information about criminal proceedings. Conversely, proponents of the bill stress the need for accountability in the dissemination of potentially damaging information that could cause unjust harm to individuals, particularly those who have had charges dismissed or have pursued expunctions.