85R5994 GRM-F
By: Perez H.B. No. 4201
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 109.002, Business & Commerce Code, is
amended to read as follows:
Sec. 109.002. APPLICABILITY OF CHAPTER. (a) Except as
provided by Subsections (b) and (c) [Subsection (b)], this chapter
applies to:
(1) a business entity that:
(A) publishes, republishes, or otherwise
disseminates criminal record information, including information:
(i) originally obtained pursuant to a
request for public information under Chapter 552, Government Code;
or
(ii) purchased or otherwise obtained by the
entity or an affiliated business entity from the Department of
Public Safety under Subchapter F, Chapter 411, Government Code; and
(B) requires the payment:
(i) of a fee [in an amount of $150 or more]
or other consideration of comparable value to remove criminal
record information; or
(ii) of a fee or other consideration to
correct or modify criminal record information; or
(2) a business entity that publishes, republishes, or
otherwise disseminates confidential juvenile record information or
confidential criminal record information of a child in a manner not
permitted by Chapter 58, Family Code, Chapter 45, Code of Criminal
Procedure, or other law, regardless of:
(A) the source of the information; or
(B) whether the business entity charges a fee for
access to or removal or correction of the information.
(b) This chapter does not apply to[:
[(1)] a statewide juvenile information and case
management system authorized by Subchapter E, Chapter 58, Family
Code.
(c) Sections 109.0045 and 109.005 do not apply to:
(1) [; (2)] a publication of general circulation or an
Internet website related to such a publication that contains news
or other information, including a magazine, periodical newsletter,
newspaper, pamphlet, or report;
(2) [(3)] a radio or television station that holds a
license issued by the Federal Communications Commission;
(3) [(4)] an entity that provides an information
service or that is an interactive computer service; or
(4) [(5)] a telecommunications provider.
SECTION 2. Section 109.003, Business & Commerce Code, is
amended to read as follows:
Sec. 109.003. DUTY TO PUBLISH AND DISSEMINATE COMPLETE AND
ACCURATE CRIMINAL RECORD INFORMATION. (a) A business entity must
ensure that criminal record information the entity publishes,
republishes, or otherwise disseminates is complete and accurate.
(b) For purposes of this chapter, criminal record
information published, republished, or otherwise disseminated by a
business entity is considered:
(1) complete if the information reflects the notations
of arrest and the filing and disposition of criminal charges, as
applicable; and
(2) accurate if the information:
(A) reflects the most recent information
received by the entity from the Department of Public Safety in
accordance with Section 411.0851(b)(1)(B), Government Code; or
(B) was obtained by the entity from a law
enforcement agency or criminal justice agency, including the
Department of Public Safety, or any other governmental agency or
entity within the 60-day period preceding the date of publication,
republication, or other dissemination.
SECTION 3. Sections 109.004(a), (b), and (c), Business &
Commerce Code, are amended to read as follows:
(a) A business entity shall clearly and conspicuously
publish or republish an e-mail address, fax number, or mailing
address to enable a person who is the subject of criminal record
information published, republished, or otherwise disseminated by
the entity to dispute the completeness or accuracy of the
information.
(b) If a business entity receives a dispute regarding the
completeness or accuracy of criminal record information from a
person who is the subject of the information, the business entity
shall:
(1) verify with the appropriate law enforcement agency
or criminal justice agency, including the Department of Public
Safety, or any other governmental agency or entity, free of charge
the disputed information; and
(2) complete the investigation described by
Subdivision (1) not later than the 30th [45th] business day after
the date the entity receives notice of the dispute.
(c) If a business entity finds incomplete or inaccurate
criminal record information after conducting an investigation
prescribed by this section, the entity shall promptly remove the
inaccurate information from the website or other publication, or
other medium used for dissemination, or shall promptly correct the
information, as applicable. The entity may not:
(1) charge a fee to remove, correct, or modify
incomplete or inaccurate information; or
(2) continue to publish, republish, or otherwise
disseminate incomplete or inaccurate information.
SECTION 4. The heading to Section 109.005, Business &
Commerce Code, is amended to read as follows:
Sec. 109.005. PUBLICATION OR OTHER DISSEMINATION OF CERTAIN
CRIMINAL RECORD INFORMATION PROHIBITED; CIVIL LIABILITY.
SECTION 5. Sections 109.005(a) and (b), Business & Commerce
Code, are amended to read as follows:
(a) A business entity may not publish, republish, or
otherwise disseminate any criminal record information in the
business entity's possession with respect to which the business
entity has knowledge or has received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411, Government Code.
(b) A business entity that publishes, republishes, or
otherwise disseminates information in violation of this section is
liable to the individual who is the subject of the information in an
amount of $100 [not to exceed $500] for each separate violation and,
in the case of a continuing violation, an amount of $100 [not to
exceed $500] for each subsequent day on which the violation occurs.
SECTION 6. Section 109.006(a), Business & Commerce Code, is
amended to read as follows:
(a) A business entity that publishes, republishes, or
otherwise disseminates criminal record information, confidential
juvenile record information, or confidential criminal record
information of a child in violation of this chapter is liable to the
state for a civil penalty in an amount not to exceed $1000 [$500]
for each separate violation and, in the case of a continuing
violation, an amount not to exceed $1000 [$500] for each subsequent
day on which the violation occurs. For purposes of this subsection,
each record published, republished, or otherwise disseminated in
violation of this chapter constitutes a separate violation.
SECTION 7. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 412 to read as follows:
CHAPTER 412. PHOTOGRAPHS RELATED TO CRIMINAL RECORD INFORMATION
Sec. 412.001. DEFINITION. In this chapter, "law
enforcement agency" means an agency of the state, or of a county,
municipality, or other political subdivision of the state, that is
engaged in the administration or enforcement of criminal justice
and that allocates a substantial portion of its annual budget to the
administration or enforcement of criminal justice.
Sec. 412.002. PUBLICATION OF CERTAIN PHOTOGRAPHS ON LAW
ENFORCEMENT AGENCY INTERNET WEBSITES PROHIBITED. A law enforcement
agency may not publish on the agency's Internet website any
photograph taken pursuant to an arrest, lawful detention, or other
involvement in the criminal justice system unless the person
depicted in the photograph has been finally convicted for the
offense in connection with which the photograph was taken.
Sec. 412.003. RELEASE OF CERTAIN PHOTOGRAPHS BY LAW
ENFORCEMENT AGENCIES PROHIBITED. (a) Subject to Subsection (b), a
law enforcement agency may not release a photograph of an
individual taken pursuant to an arrest, lawful detention, or other
involvement in the criminal justice system unless the person
requesting the photograph includes in the request:
(1) the name of the individual who is the subject of
the photograph; and
(2) the approximate date the photograph was taken or
date on which the incident giving rise to the photograph occurred.
(b) Subsection (a) does not apply to a law enforcement
agency for the release of a photograph to another law enforcement
agency.
SECTION 8. Chapter 109, Business & Commerce Code, as
amended by this Act, applies to:
(1) any publication of criminal record information,
confidential juvenile record information, or confidential criminal
record information of a child that occurs on or after the effective
date of this Act, regardless of whether:
(A) the information relates to events or
activities that occurred before, on, or after that date; or
(B) the information was initially published
before that date; and
(2) any publication, republication, or other
dissemination of criminal record information, including a
photograph, by a business entity subject to this Act that occurs on
or after the effective date of this Act, regardless of whether:
(A) the information relates to events or
activities that occurred before, on, or after that date; or
(B) the information was initially published,
republished, or otherwise disseminated before that date.
SECTION 9. This Act takes effect September 1, 2017.