Bill Text: TX SB509 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the confidentiality of certain mug shots.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Left pending in committee [SB509 Detail]
Download: Texas-2023-SB509-Introduced.html
| 88R925 MCK-F | ||
| By: Perry | S.B. No. 509 | |
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| 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) [ |
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| under Article 55.02, Code of Criminal Procedure; or | ||
| (B) [ |
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| 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) [ |
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| under Article 55.02, Code of Criminal Procedure; or | ||
| (B) [ |
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| 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. | ||
