85R8744 JSC-D
By: Perez H.B. No. 2521
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure or release by a criminal justice agency
of photographs taken pursuant to an arrest or other involvement in
the criminal justice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 60, Code of Criminal Procedure, is
amended by adding Article 60.062 to read as follows:
Art. 60.062. LIMITATION ON DISCLOSURE OR RELEASE OF CERTAIN
CRIMINAL JUSTICE PHOTOGRAPHS. (a) For purposes of this article,
"criminal justice agency" includes, in addition to the agencies
described by Article 60.01(6), a municipal or county agency, or
school district law enforcement agency, that is engaged in the
administration of criminal justice under a statute or executive
order.
(b) Notwithstanding Article 60.06(c), a criminal justice
agency may not disclose or release a photograph of an individual
taken pursuant to an arrest or other involvement in the criminal
justice system.
(c) This article does not apply to the disclosure or release
of a photograph to:
(1) the Texas Department of Criminal Justice, the
Department of Public Safety, or any other criminal justice agency;
(2) the individual who is the subject of the
photograph or the individual's legal counsel; or
(3) any other person if the individual who is the
subject of the photograph:
(A) consents in writing to the disclosure or
release of the photograph; or
(B) is charged with an offense as part of the
individual's involvement in the criminal justice system giving rise
to the photograph.
SECTION 2. The change in law made by this Act applies to the
disclosure or release of a photograph on or after the effective date
of this Act, regardless of whether the photograph was taken before,
on, or after that date.
SECTION 3. This Act takes effect September 1, 2017.