Texas House Bill HB486

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to prohibiting the publication of certain criminal record information of individuals involved in the criminal justice system.

Impact

If enacted, HB 486 will amend the Business & Commerce Code and the Code of Criminal Procedure in Texas. The bill's provisions would prevent businesses from publishing any criminal record information that includes photographs unless specific conditions are met—including a conviction related to the offense for which the mug shot was taken. Law enforcement agencies will also be restricted from publishing mug shots unless the individual is a fugitive, deemed an imminent threat, or has received a judicial order allowing disclosure. This represents a significant shift in how criminal records are handled publicly.

Summary

House Bill 486 pertains to the regulation of criminal record information publication. Specifically, it aims to prohibit the publication of mug shots and criminal record details of individuals unless they have been convicted of an offense stemming from their arrest or involvement in the criminal justice system. This bill arises from concerns about the effects of online publication of such information, which can lead to lasting stigma and negative repercussions for individuals who are not convicted of crimes.

Contention

Potential points of contention around HB 486 involve the balance between public safety and individual privacy. Proponents argue that the bill protects individuals' rights and reduces the long-term damage caused by the indiscriminate publication of mug shots, particularly for those wrongly accused or who have been cleared of charges. Critics may raise concerns about restricting law enforcement's ability to communicate vital information regarding threats to the community, as restrictions on publishing mug shots might impede efforts to apprehend fugitives or mitigate dangers.

Final_note

The law is designed to take effect on September 1, 2025, applying to all publications that occur on or after that date, thereby signaling a proactive approach to reforming privacy regulations in the criminal justice context.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: New Section