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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain mug shots. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 109.005(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) A business entity may not publish any criminal record |
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information in the business entity's possession: |
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(1) with respect to which the business entity has |
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knowledge or has received notice that: |
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(A) [(1)] an order of expunction has been issued |
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under Article 55.02, Code of Criminal Procedure; or |
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(B) [(2)] an order of nondisclosure of criminal |
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history record information has been issued under Subchapter E-1, |
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Chapter 411, Government Code; or |
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(2) that may not be released to the public under |
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Section 552.1082, Government Code. |
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SECTION 2. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.1082 to read as follows: |
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Sec. 552.1082. RELEASE OF MUG SHOTS. (a) In this section, |
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"mug shot" means an image taken of an individual during the process |
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of arresting the individual or booking the individual into jail. |
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(b) A mug shot may not be released to the public, unless: |
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(1) the individual has been convicted of a criminal |
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offense, other than an offense described by Subsection (c), based |
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upon the conduct for which the individual was arrested or |
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incarcerated at the time the mug shot was taken; |
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(2) a law enforcement agency releases the mug shot |
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after determining that: |
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(A) the individual is: |
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(i) a fugitive; or |
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(ii) an imminent threat to another |
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individual or to public safety; and |
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(B) releasing the mug shot will assist in |
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apprehending the individual or reducing or eliminating the threat; |
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or |
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(3) a judge orders the release of the mug shot based on |
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a finding that the release is in furtherance of a legitimate law |
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enforcement interest. |
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(c) A mug shot may not be released to the public if the mug |
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shot was taken in association with an offense for which: |
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(1) the conviction has been expunged; or |
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(2) the individual has been fully exonerated. |
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(d) If an individual was charged with multiple offenses |
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based upon the conduct for which the individual was arrested or |
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incarcerated at the time the mug shot was taken, and the individual |
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was later convicted of one or more of those offenses, the |
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individual's mug shot may be released to the public unless: |
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(1) all of the convictions have been expunged; or |
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(2) the individual has been fully exonerated of all |
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convictions. |
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SECTION 3. Section 552.1425(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information may not compile or |
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disseminate information: |
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(1) with respect to which the entity has received |
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notice that: |
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(A) [(1)] an order of expunction has been issued |
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under Article 55.02, Code of Criminal Procedure; or |
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(B) [(2)] an order of nondisclosure of criminal |
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history record information has been issued under Subchapter E-1, |
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Chapter 411; or |
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(2) that may not be released to the public under |
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Section 552.1082. |
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SECTION 4. The change in law made by this Act applies to a |
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mug shot regardless of the date it was created. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |