Texas House Bill HB4114

Texas 2015 - 84th Regular

Caption

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to the public, thus protecting the rights of individuals who may be wrongfully penalized by the publication of outdated or erroneous records.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.