HB486 - Relating to prohibiting the publication of certain criminal record information of individuals involved in the criminal justice system.

  89R1526 MZM-D     By: Bucy H.B. No. 486       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.  Subchapter B, Chapter 2A, Code of Criminal   Procedure, is amended by adding Article 2A.067 to read as follows:           Art.   2A.067.     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, 2025.