| 1 | 1 | | 88R11085 MZM-D |
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| 2 | 2 | | By: Bucy H.B. No. 3825 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting the publication of certain criminal record |
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| 8 | 8 | | information of individuals involved in the criminal justice system. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 109.005, Business & Commerce Code, is |
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| 11 | 11 | | amended by adding Subsection (a-2) to read as follows: |
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| 12 | 12 | | (a-2) Notwithstanding Section 109.003, a business entity |
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| 13 | 13 | | may not publish criminal record information of an individual that |
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| 14 | 14 | | includes a photograph described under Section 109.001(2)(B) unless |
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| 15 | 15 | | the individual who is the subject of the information has been |
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| 16 | 16 | | convicted of an offense arising out of the same transaction for |
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| 17 | 17 | | which the individual was arrested or otherwise involved in the |
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| 18 | 18 | | criminal justice system and pursuant to which the photograph was |
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| 19 | 19 | | taken. |
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| 20 | 20 | | SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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| 21 | 21 | | amended by adding Article 2.36 to read as follows: |
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| 22 | 22 | | Art. 2.36. PUBLICATION OF MUG SHOT BY LAW ENFORCEMENT |
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| 23 | 23 | | AGENCY. (a) In this article: |
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| 24 | 24 | | (1) "Mug shot" means a photograph of an individual |
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| 25 | 25 | | taken during the process of arresting the individual or booking the |
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| 26 | 26 | | individual into jail. |
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| 27 | 27 | | (2) "Publish" has the meaning assigned by Section |
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| 28 | 28 | | 109.001, Business & Commerce Code. |
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| 29 | 29 | | (b) A law enforcement agency may not publish an individual's |
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| 30 | 30 | | mug shot, unless: |
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| 31 | 31 | | (1) the individual has been convicted of an offense |
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| 32 | 32 | | based on the conduct for which the individual was arrested or |
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| 33 | 33 | | incarcerated at the time the mug shot was taken; |
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| 34 | 34 | | (2) the law enforcement agency publishes the mug shot |
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| 35 | 35 | | after determining that: |
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| 36 | 36 | | (A) the individual is: |
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| 37 | 37 | | (i) a fugitive; or |
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| 38 | 38 | | (ii) an imminent threat to another |
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| 39 | 39 | | individual or to public safety; and |
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| 40 | 40 | | (B) releasing the mug shot will assist in |
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| 41 | 41 | | apprehending the individual or reducing or eliminating the threat; |
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| 42 | 42 | | or |
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| 43 | 43 | | (3) a judge orders the release of the mug shot based on |
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| 44 | 44 | | good cause shown. |
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| 45 | 45 | | (c) Mug shots are not confidential and are subject to |
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| 46 | 46 | | disclosure in accordance with Chapter 552, Government Code. |
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| 47 | 47 | | SECTION 3. The changes in law made by this Act apply to any |
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| 48 | 48 | | publication of criminal record information, including a mug shot, |
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| 49 | 49 | | that occurs on or after the effective date of this Act, regardless |
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| 50 | 50 | | of whether: |
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| 51 | 51 | | (1) the information relates to an arrest that occurred |
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| 52 | 52 | | before, on, or after that date; or |
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| 53 | 53 | | (2) the information was initially published before |
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| 54 | 54 | | that date. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2023. |
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