| 1 | 1 | | 88R925 MCK-F |
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| 2 | 2 | | By: Perry S.B. No. 509 |
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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 the confidentiality of certain mug shots. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 109.005(a), Business & Commerce Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) A business entity may not publish any criminal record |
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| 12 | 12 | | information in the business entity's possession: |
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| 13 | 13 | | (1) with respect to which the business entity has |
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| 14 | 14 | | knowledge or has received notice that: |
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| 15 | 15 | | (A) [(1)] an order of expunction has been issued |
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| 16 | 16 | | under Article 55.02, Code of Criminal Procedure; or |
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| 17 | 17 | | (B) [(2)] an order of nondisclosure of criminal |
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| 18 | 18 | | history record information has been issued under Subchapter E-1, |
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| 19 | 19 | | Chapter 411, Government Code; or |
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| 20 | 20 | | (2) that may not be released to the public under |
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| 21 | 21 | | Section 552.1082, Government Code. |
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| 22 | 22 | | SECTION 2. Subchapter C, Chapter 552, Government Code, is |
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| 23 | 23 | | amended by adding Section 552.1082 to read as follows: |
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| 24 | 24 | | Sec. 552.1082. RELEASE OF MUG SHOTS. (a) In this section, |
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| 25 | 25 | | "mug shot" means an image taken of an individual during the process |
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| 26 | 26 | | of arresting the individual or booking the individual into jail. |
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| 27 | 27 | | (b) A mug shot may not be released to the public, unless: |
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| 28 | 28 | | (1) the individual has been convicted of a criminal |
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| 29 | 29 | | offense, other than an offense described by Subsection (c), based |
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| 30 | 30 | | upon the conduct for which the individual was arrested or |
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| 31 | 31 | | incarcerated at the time the mug shot was taken; |
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| 32 | 32 | | (2) a law enforcement agency releases the mug shot |
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| 33 | 33 | | after determining that: |
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| 34 | 34 | | (A) the individual is: |
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| 35 | 35 | | (i) a fugitive; or |
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| 36 | 36 | | (ii) an imminent threat to another |
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| 37 | 37 | | individual or to public safety; and |
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| 38 | 38 | | (B) releasing the mug shot will assist in |
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| 39 | 39 | | apprehending the individual or reducing or eliminating the threat; |
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| 40 | 40 | | or |
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| 41 | 41 | | (3) a judge orders the release of the mug shot based on |
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| 42 | 42 | | a finding that the release is in furtherance of a legitimate law |
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| 43 | 43 | | enforcement interest. |
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| 44 | 44 | | (c) A mug shot may not be released to the public if the mug |
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| 45 | 45 | | shot was taken in association with an offense for which: |
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| 46 | 46 | | (1) the conviction has been expunged; or |
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| 47 | 47 | | (2) the individual has been fully exonerated. |
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| 48 | 48 | | (d) If an individual was charged with multiple offenses |
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| 49 | 49 | | based upon the conduct for which the individual was arrested or |
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| 50 | 50 | | incarcerated at the time the mug shot was taken, and the individual |
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| 51 | 51 | | was later convicted of one or more of those offenses, the |
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| 52 | 52 | | individual's mug shot may be released to the public unless: |
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| 53 | 53 | | (1) all of the convictions have been expunged; or |
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| 54 | 54 | | (2) the individual has been fully exonerated of all |
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| 55 | 55 | | convictions. |
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| 56 | 56 | | SECTION 3. Section 552.1425(a), Government Code, is amended |
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| 57 | 57 | | to read as follows: |
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| 58 | 58 | | (a) A private entity that compiles and disseminates for |
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| 59 | 59 | | compensation criminal history record information may not compile or |
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| 60 | 60 | | disseminate information: |
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| 61 | 61 | | (1) with respect to which the entity has received |
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| 62 | 62 | | notice that: |
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| 63 | 63 | | (A) [(1)] an order of expunction has been issued |
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| 64 | 64 | | under Article 55.02, Code of Criminal Procedure; or |
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| 65 | 65 | | (B) [(2)] an order of nondisclosure of criminal |
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| 66 | 66 | | history record information has been issued under Subchapter E-1, |
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| 67 | 67 | | Chapter 411; or |
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| 68 | 68 | | (2) that may not be released to the public under |
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| 69 | 69 | | Section 552.1082. |
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| 70 | 70 | | SECTION 4. The change in law made by this Act applies to a |
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| 71 | 71 | | mug shot regardless of the date it was created. |
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| 72 | 72 | | SECTION 5. This Act takes effect immediately if it receives |
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| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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| 76 | 76 | | Act takes effect September 1, 2023. |
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