Bill Text: TX HB3825 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to prohibiting the publication of certain criminal record information of individuals involved in the criminal justice system.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-08 - Postponed 6/1/23 10:00 AM [HB3825 Detail]
Download: Texas-2023-HB3825-Comm_Sub.html
| 88R11085 MZM-D | ||
| By: Bucy | H.B. No. 3825 | |
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| 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. | ||
