88R11085 MZM-D
By: Bucy H.B. No. 3825
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the publication of certain criminal record
information of individuals involved in the criminal justice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 109.005, Business & Commerce Code, is
amended by adding Subsection (a-2) to read as follows:
(a-2) Notwithstanding Section 109.003, a business entity
may not publish criminal record information of an individual that
includes a photograph described under Section 109.001(2)(B) unless
the individual who is the subject of the information has been
convicted of an offense arising out of the same transaction for
which the individual was arrested or otherwise involved in the
criminal justice system and pursuant to which the photograph was
taken.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.36 to read as follows:
Art. 2.36. PUBLICATION OF MUG SHOT BY LAW ENFORCEMENT
AGENCY. (a) In this article:
(1) "Mug shot" means a photograph of an individual
taken during the process of arresting the individual or booking the
individual into jail.
(2) "Publish" has the meaning assigned by Section
109.001, Business & Commerce Code.
(b) A law enforcement agency may not publish an individual's
mug shot, unless:
(1) the individual has been convicted of an offense
based on the conduct for which the individual was arrested or
incarcerated at the time the mug shot was taken;
(2) the law enforcement agency publishes the mug shot
after determining that:
(A) the individual is:
(i) a fugitive; or
(ii) an imminent threat to another
individual or to public safety; and
(B) releasing the mug shot will assist in
apprehending the individual or reducing or eliminating the threat;
or
(3) a judge orders the release of the mug shot based on
good cause shown.
(c) Mug shots are not confidential and are subject to
disclosure in accordance with Chapter 552, Government Code.
SECTION 3. The changes in law made by this Act apply to any
publication of criminal record information, including a mug shot,
that occurs on or after the effective date of this Act, regardless
of whether:
(1) the information relates to an arrest that occurred
before, on, or after that date; or
(2) the information was initially published before
that date.
SECTION 4. This Act takes effect September 1, 2023.