88R925 MCK-F
By: Perry S.B. No. 509
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain mug shots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 109.005(a), Business & Commerce Code, is
amended to read as follows:
(a) A business entity may not publish any criminal record
information in the business entity's possession:
(1) with respect to which the business entity has
knowledge or has received notice that:
(A) [(1)] an order of expunction has been issued
under Article 55.02, Code of Criminal Procedure; or
(B) [(2)] an order of nondisclosure of criminal
history record information has been issued under Subchapter E-1,
Chapter 411, Government Code; or
(2) that may not be released to the public under
Section 552.1082, Government Code.
SECTION 2. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.1082 to read as follows:
Sec. 552.1082. RELEASE OF MUG SHOTS. (a) In this section,
"mug shot" means an image taken of an individual during the process
of arresting the individual or booking the individual into jail.
(b) A mug shot may not be released to the public, unless:
(1) the individual has been convicted of a criminal
offense, other than an offense described by Subsection (c), based
upon the conduct for which the individual was arrested or
incarcerated at the time the mug shot was taken;
(2) a law enforcement agency releases 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
a finding that the release is in furtherance of a legitimate law
enforcement interest.
(c) A mug shot may not be released to the public if the mug
shot was taken in association with an offense for which:
(1) the conviction has been expunged; or
(2) the individual has been fully exonerated.
(d) If an individual was charged with multiple offenses
based upon the conduct for which the individual was arrested or
incarcerated at the time the mug shot was taken, and the individual
was later convicted of one or more of those offenses, the
individual's mug shot may be released to the public unless:
(1) all of the convictions have been expunged; or
(2) the individual has been fully exonerated of all
convictions.
SECTION 3. Section 552.1425(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information:
(1) with respect to which the entity has received
notice that:
(A) [(1)] an order of expunction has been issued
under Article 55.02, Code of Criminal Procedure; or
(B) [(2)] an order of nondisclosure of criminal
history record information has been issued under Subchapter E-1,
Chapter 411; or
(2) that may not be released to the public under
Section 552.1082.
SECTION 4. The change in law made by this Act applies to a
mug shot regardless of the date it was created.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.