| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the disclosure or release by a criminal justice agency |
|
|
of photographs taken pursuant to an arrest or other involvement in |
|
|
the criminal justice system. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 60, Code of Criminal Procedure, is |
|
|
amended by adding Article 60.062 to read as follows: |
|
|
Art. 60.062. LIMITATION ON DISCLOSURE OR RELEASE OF CERTAIN |
|
|
CRIMINAL JUSTICE PHOTOGRAPHS. (a) For purposes of this article, |
|
|
"criminal justice agency" includes, in addition to the agencies |
|
|
described by Article 60.01(6), a municipal or county agency, or |
|
|
school district law enforcement agency, that is engaged in the |
|
|
administration of criminal justice under a statute or executive |
|
|
order. |
|
|
(b) Notwithstanding Article 60.06(c), a criminal justice |
|
|
agency may not disclose or release a photograph of an individual |
|
|
taken pursuant to an arrest or other involvement in the criminal |
|
|
justice system. |
|
|
(c) This article does not apply to the disclosure or release |
|
|
of a photograph to: |
|
|
(1) the Texas Department of Criminal Justice, the |
|
|
Department of Public Safety, or any other criminal justice agency; |
|
|
(2) the individual who is the subject of the |
|
|
photograph or the individual's legal counsel; or |
|
|
(3) any other person if the individual who is the |
|
|
subject of the photograph: |
|
|
(A) consents in writing to the disclosure or |
|
|
release of the photograph; or |
|
|
(B) is charged with an offense as part of the |
|
|
individual's involvement in the criminal justice system giving rise |
|
|
to the photograph. |
|
|
SECTION 2. The change in law made by this Act applies to the |
|
|
disclosure or release of a photograph on or after the effective date |
|
|
of this Act, regardless of whether the photograph was taken before, |
|
|
on, or after that date. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |