Texas 2017 - 85th Regular

Texas House Bill HB4201 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5994 GRM-F
2	2	By: Perez H.B. No. 4201
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the publication, republication, or other dissemination
8	8	of mug shots and certain other information regarding the
9	9	involvement of an individual in the criminal justice system;
10	10	increasing civil penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 109.002, Business & Commerce Code, is
13	13	amended to read as follows:
14	14	Sec. 109.002. APPLICABILITY OF CHAPTER. (a) Except as
15	15	provided by Subsections (b) and (c) [Subsection (b)], this chapter
16	16	applies to:
17	17	(1) a business entity that:
18	18	(A) publishes, republishes, or otherwise
19	19	disseminates criminal record information, including information:
20	20	(i) originally obtained pursuant to a
21	21	request for public information under Chapter 552, Government Code;
22	22	or
23	23	(ii) purchased or otherwise obtained by the
24	24	entity or an affiliated business entity from the Department of
25	25	Public Safety under Subchapter F, Chapter 411, Government Code; and
26	26	(B) requires the payment:
27	27	(i) of a fee [in an amount of $150 or more]
28	28	or other consideration of comparable value to remove criminal
29	29	record information; or
30	30	(ii) of a fee or other consideration to
31	31	correct or modify criminal record information; or
32	32	(2) a business entity that publishes, republishes, or
33	33	otherwise disseminates confidential juvenile record information or
34	34	confidential criminal record information of a child in a manner not
35	35	permitted by Chapter 58, Family Code, Chapter 45, Code of Criminal
36	36	Procedure, or other law, regardless of:
37	37	(A) the source of the information; or
38	38	(B) whether the business entity charges a fee for
39	39	access to or removal or correction of the information.
40	40	(b) This chapter does not apply to[:
41	41	[(1)] a statewide juvenile information and case
42	42	management system authorized by Subchapter E, Chapter 58, Family
43	43	Code.
44	44	(c) Sections 109.0045 and 109.005 do not apply to:
45	45	(1) [; (2)] a publication of general circulation or an
46	46	Internet website related to such a publication that contains news
47	47	or other information, including a magazine, periodical newsletter,
48	48	newspaper, pamphlet, or report;
49	49	(2) [(3)] a radio or television station that holds a
50	50	license issued by the Federal Communications Commission;
51	51	(3) [(4)] an entity that provides an information
52	52	service or that is an interactive computer service; or
53	53	(4) [(5)] a telecommunications provider.
54	54	SECTION 2. Section 109.003, Business & Commerce Code, is
55	55	amended to read as follows:
56	56	Sec. 109.003. DUTY TO PUBLISH AND DISSEMINATE COMPLETE AND
57	57	ACCURATE CRIMINAL RECORD INFORMATION. (a) A business entity must
58	58	ensure that criminal record information the entity publishes,
59	59	republishes, or otherwise disseminates is complete and accurate.
60	60	(b) For purposes of this chapter, criminal record
61	61	information published, republished, or otherwise disseminated by a
62	62	business entity is considered:
63	63	(1) complete if the information reflects the notations
64	64	of arrest and the filing and disposition of criminal charges, as
65	65	applicable; and
66	66	(2) accurate if the information:
67	67	(A) reflects the most recent information
68	68	received by the entity from the Department of Public Safety in
69	69	accordance with Section 411.0851(b)(1)(B), Government Code; or
70	70	(B) was obtained by the entity from a law
71	71	enforcement agency or criminal justice agency, including the
72	72	Department of Public Safety, or any other governmental agency or
73	73	entity within the 60-day period preceding the date of publication,
74	74	republication, or other dissemination.
75	75	SECTION 3. Sections 109.004(a), (b), and (c), Business &
76	76	Commerce Code, are amended to read as follows:
77	77	(a) A business entity shall clearly and conspicuously
78	78	publish or republish an e-mail address, fax number, or mailing
79	79	address to enable a person who is the subject of criminal record
80	80	information published, republished, or otherwise disseminated by
81	81	the entity to dispute the completeness or accuracy of the
82	82	information.
83	83	(b) If a business entity receives a dispute regarding the
84	84	completeness or accuracy of criminal record information from a
85	85	person who is the subject of the information, the business entity
86	86	shall:
87	87	(1) verify with the appropriate law enforcement agency
88	88	or criminal justice agency, including the Department of Public
89	89	Safety, or any other governmental agency or entity, free of charge
90	90	the disputed information; and
91	91	(2) complete the investigation described by
92	92	Subdivision (1) not later than the 30th [45th] business day after
93	93	the date the entity receives notice of the dispute.
94	94	(c) If a business entity finds incomplete or inaccurate
95	95	criminal record information after conducting an investigation
96	96	prescribed by this section, the entity shall promptly remove the
97	97	inaccurate information from the website or other publication, or
98	98	other medium used for dissemination, or shall promptly correct the
99	99	information, as applicable. The entity may not:
100	100	(1) charge a fee to remove, correct, or modify
101	101	incomplete or inaccurate information; or
102	102	(2) continue to publish, republish, or otherwise
103	103	disseminate incomplete or inaccurate information.
104	104	SECTION 4. The heading to Section 109.005, Business &
105	105	Commerce Code, is amended to read as follows:
106	106	Sec. 109.005. PUBLICATION OR OTHER DISSEMINATION OF CERTAIN
107	107	CRIMINAL RECORD INFORMATION PROHIBITED; CIVIL LIABILITY.
108	108	SECTION 5. Sections 109.005(a) and (b), Business & Commerce
109	109	Code, are amended to read as follows:
110	110	(a) A business entity may not publish, republish, or
111	111	otherwise disseminate any criminal record information in the
112	112	business entity's possession with respect to which the business
113	113	entity has knowledge or has received notice that:
114	114	(1) an order of expunction has been issued under
115	115	Article 55.02, Code of Criminal Procedure; or
116	116	(2) an order of nondisclosure of criminal history
117	117	record information has been issued under Subchapter E-1, Chapter
118	118	411, Government Code.
119	119	(b) A business entity that publishes, republishes, or
120	120	otherwise disseminates information in violation of this section is
121	121	liable to the individual who is the subject of the information in an
122	122	amount of $100 [not to exceed $500] for each separate violation and,
123	123	in the case of a continuing violation, an amount of $100 [not to
124	124	exceed $500] for each subsequent day on which the violation occurs.
125	125	SECTION 6. Section 109.006(a), Business & Commerce Code, is
126	126	amended to read as follows:
127	127	(a) A business entity that publishes, republishes, or
128	128	otherwise disseminates criminal record information, confidential
129	129	juvenile record information, or confidential criminal record
130	130	information of a child in violation of this chapter is liable to the
131	131	state for a civil penalty in an amount not to exceed $1000 [$500]
132	132	for each separate violation and, in the case of a continuing
133	133	violation, an amount not to exceed $1000 [$500] for each subsequent
134	134	day on which the violation occurs. For purposes of this subsection,
135	135	each record published, republished, or otherwise disseminated in
136	136	violation of this chapter constitutes a separate violation.
137	137	SECTION 7. Subtitle B, Title 4, Government Code, is amended
138	138	by adding Chapter 412 to read as follows:
139	139	CHAPTER 412. PHOTOGRAPHS RELATED TO CRIMINAL RECORD INFORMATION
140	140	Sec. 412.001. DEFINITION. In this chapter, "law
141	141	enforcement agency" means an agency of the state, or of a county,
142	142	municipality, or other political subdivision of the state, that is
143	143	engaged in the administration or enforcement of criminal justice
144	144	and that allocates a substantial portion of its annual budget to the
145	145	administration or enforcement of criminal justice.
146	146	Sec. 412.002. PUBLICATION OF CERTAIN PHOTOGRAPHS ON LAW
147	147	ENFORCEMENT AGENCY INTERNET WEBSITES PROHIBITED. A law enforcement
148	148	agency may not publish on the agency's Internet website any
149	149	photograph taken pursuant to an arrest, lawful detention, or other
150	150	involvement in the criminal justice system unless the person
151	151	depicted in the photograph has been finally convicted for the
152	152	offense in connection with which the photograph was taken.
153	153	Sec. 412.003. RELEASE OF CERTAIN PHOTOGRAPHS BY LAW
154	154	ENFORCEMENT AGENCIES PROHIBITED. (a) Subject to Subsection (b), a
155	155	law enforcement agency may not release a photograph of an
156	156	individual taken pursuant to an arrest, lawful detention, or other
157	157	involvement in the criminal justice system unless the person
158	158	requesting the photograph includes in the request:
159	159	(1) the name of the individual who is the subject of
160	160	the photograph; and
161	161	(2) the approximate date the photograph was taken or
162	162	date on which the incident giving rise to the photograph occurred.
163	163	(b) Subsection (a) does not apply to a law enforcement
164	164	agency for the release of a photograph to another law enforcement
165	165	agency.
166	166	SECTION 8. Chapter 109, Business & Commerce Code, as
167	167	amended by this Act, applies to:
168	168	(1) any publication of criminal record information,
169	169	confidential juvenile record information, or confidential criminal
170	170	record information of a child that occurs on or after the effective
171	171	date of this Act, regardless of whether:
172	172	(A) the information relates to events or
173	173	activities that occurred before, on, or after that date; or
174	174	(B) the information was initially published
175	175	before that date; and
176	176	(2) any publication, republication, or other
177	177	dissemination of criminal record information, including a
178	178	photograph, by a business entity subject to this Act that occurs on
179	179	or after the effective date of this Act, regardless of whether:
180	180	(A) the information relates to events or
181	181	activities that occurred before, on, or after that date; or
182	182	(B) the information was initially published,
183	183	republished, or otherwise disseminated before that date.
184	184	SECTION 9. This Act takes effect September 1, 2017.