Relating to the publication, republication, or other dissemination of mug shots and other information regarding the involvement of an individual in the criminal justice system; increasing a civil penalty.
Impact
Upon implementation, HB 4114 would amend the existing Business & Commerce Code by setting clearer guidelines as to what constitutes lawful publication of criminal record information. Importantly, a business entity would not be permitted to disseminate mug shots if an order of expunction has been issued, the charges have been dismissed, or if an individual is acquitted. The law will also establish a more robust process for individuals to dispute inaccuracies, mandating that businesses must conduct thorough investigations into such disputes within a specified timeframe. These changes are expected to promote fairer treatment of individuals within the criminal justice system, particularly those who have not been convicted or whose records have been cleared.
Summary
House Bill 4114 addresses the issues surrounding the publication and dissemination of mug shots and other criminal records of individuals involved in the criminal justice system, establishing more stringent regulations against businesses that engage in such practices. The bill aims to restrict these entities from profiting off the portrayal of individuals' criminal histories while simultaneously increasing the civil penalties for non-compliance. It emphasizes the importance of ensuring that only accurate and up-to-date information is disseminated to the public, thus protecting the rights of individuals who may be wrongfully penalized by the publication of outdated or erroneous records.
Sentiment
The sentiment surrounding HB 4114 appears to be largely supportive, with proponents arguing that it takes an essential step towards safeguarding individual privacy and reinforcing the principle that individuals should not be stigmatized by publicly accessible mug shots without proper context. However, there are concerns from some stakeholders about the potential financial impact on businesses that rely on publishing such information for their operations. Opponents may argue that while the bill seeks to protect rights, it could inadvertently limit access to criminal record information that is relevant for public safety purposes.
Contention
Notable points of contention regarding the bill center around the balance between protecting individual privacy and ensuring public access to criminal justice information. While supporters advocate for increased protections against the exploitative practices of certain publication entities, critics express concerns about restricting information that could be critical for background checks and community awareness. The bill's guidelines on dispute resolution and its stipulation that businesses cannot charge for the correction of misinformation are crucial factors in the broader debate on the regulation of criminal history disclosures.
Relating to the authority of individuals over the personal identifying information collected, processed, or maintained about the individuals and certain others by certain businesses.
Relating to the publication of certain photographs of human remains by certain individuals for a purpose other than an authorized purpose; providing a civil penalty.
Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.
Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.
Relating to the categorization, collection, and publication of certain demographic and other information pertaining to certain public benefits programs.
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.
Relating to the publication, republication, or other dissemination of mug shots and certain other information regarding the involvement of an individual in the criminal justice system; increasing civil penalties.
Arrest booking photographs; establishing procedures for removal of certain photographs from publication or dissemination under certain circumstances. Effective date.
Arrest booking photographs; establishing procedures for removal of certain photographs from publication or dissemination under certain circumstances. Effective date.
Arrest booking photographs; establishing procedures for removal of certain photographs from publication or dissemination under certain circumstances. Effective date.
Relating to the prohibited use or dissemination of certain private or false information; providing a civil penalty; creating a criminal offense; increasing a criminal penalty.