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A BILL TO BE ENTITLED
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AN ACT
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relating to the publication, republication, or other dissemination |
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of mug shots and certain other information regarding the |
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involvement of an individual in the criminal justice system; |
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increasing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 109.002, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 109.002. APPLICABILITY OF CHAPTER. (a) Except as |
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provided by Subsections (b) and (c) [Subsection (b)], this chapter |
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applies to: |
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(1) a business entity that: |
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(A) publishes, republishes, or otherwise |
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disseminates criminal record information, including information: |
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(i) originally obtained pursuant to a |
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request for public information under Chapter 552, Government Code; |
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or |
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(ii) purchased or otherwise obtained by the |
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entity or an affiliated business entity from the Department of |
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Public Safety under Subchapter F, Chapter 411, Government Code; and |
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(B) requires the payment: |
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(i) of a fee [in an amount of $150 or more] |
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or other consideration of comparable value to remove criminal |
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record information; or |
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(ii) of a fee or other consideration to |
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correct or modify criminal record information; or |
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(2) a business entity that publishes, republishes, or |
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otherwise disseminates confidential juvenile record information or |
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confidential criminal record information of a child in a manner not |
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permitted by Chapter 58, Family Code, Chapter 45, Code of Criminal |
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Procedure, or other law, regardless of: |
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(A) the source of the information; or |
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(B) whether the business entity charges a fee for |
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access to or removal or correction of the information. |
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(b) This chapter does not apply to[:
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[(1)] a statewide juvenile information and case |
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management system authorized by Subchapter E, Chapter 58, Family |
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Code. |
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(c) Sections 109.0045 and 109.005 do not apply to: |
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(1) [; (2)] a publication of general circulation or an |
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Internet website related to such a publication that contains news |
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or other information, including a magazine, periodical newsletter, |
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newspaper, pamphlet, or report; |
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(2) [(3)] a radio or television station that holds a |
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license issued by the Federal Communications Commission; |
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(3) [(4)] an entity that provides an information |
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service or that is an interactive computer service; or |
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(4) [(5)] a telecommunications provider. |
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SECTION 2. Section 109.003, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 109.003. DUTY TO PUBLISH AND DISSEMINATE COMPLETE AND |
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ACCURATE CRIMINAL RECORD INFORMATION. (a) A business entity must |
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ensure that criminal record information the entity publishes, |
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republishes, or otherwise disseminates is complete and accurate. |
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(b) For purposes of this chapter, criminal record |
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information published, republished, or otherwise disseminated by a |
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business entity is considered: |
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(1) complete if the information reflects the notations |
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of arrest and the filing and disposition of criminal charges, as |
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applicable; and |
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(2) accurate if the information: |
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(A) reflects the most recent information |
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received by the entity from the Department of Public Safety in |
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accordance with Section 411.0851(b)(1)(B), Government Code; or |
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(B) was obtained by the entity from a law |
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enforcement agency or criminal justice agency, including the |
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Department of Public Safety, or any other governmental agency or |
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entity within the 60-day period preceding the date of publication, |
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republication, or other dissemination. |
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SECTION 3. Sections 109.004(a), (b), and (c), Business & |
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Commerce Code, are amended to read as follows: |
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(a) A business entity shall clearly and conspicuously |
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publish or republish an e-mail address, fax number, or mailing |
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address to enable a person who is the subject of criminal record |
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information published, republished, or otherwise disseminated by |
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the entity to dispute the completeness or accuracy of the |
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information. |
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(b) If a business entity receives a dispute regarding the |
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completeness or accuracy of criminal record information from a |
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person who is the subject of the information, the business entity |
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shall: |
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(1) verify with the appropriate law enforcement agency |
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or criminal justice agency, including the Department of Public |
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Safety, or any other governmental agency or entity, free of charge |
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the disputed information; and |
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(2) complete the investigation described by |
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Subdivision (1) not later than the 30th [45th] business day after |
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the date the entity receives notice of the dispute. |
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(c) If a business entity finds incomplete or inaccurate |
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criminal record information after conducting an investigation |
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prescribed by this section, the entity shall promptly remove the |
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inaccurate information from the website or other publication, or |
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other medium used for dissemination, or shall promptly correct the |
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information, as applicable. The entity may not: |
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(1) charge a fee to remove, correct, or modify |
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incomplete or inaccurate information; or |
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(2) continue to publish, republish, or otherwise |
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disseminate incomplete or inaccurate information. |
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SECTION 4. The heading to Section 109.005, Business & |
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Commerce Code, is amended to read as follows: |
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Sec. 109.005. PUBLICATION OR OTHER DISSEMINATION OF CERTAIN |
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CRIMINAL RECORD INFORMATION PROHIBITED; CIVIL LIABILITY. |
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SECTION 5. Sections 109.005(a) and (b), Business & Commerce |
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Code, are amended to read as follows: |
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(a) A business entity may not publish, republish, or |
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otherwise disseminate any criminal record information in the |
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business entity's possession with respect to which the business |
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entity has knowledge or has received notice that: |
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(1) an order of expunction has been issued under |
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Article 55.02, Code of Criminal Procedure; or |
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(2) an order of nondisclosure of criminal history |
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record information has been issued under Subchapter E-1, Chapter |
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411, Government Code. |
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(b) A business entity that publishes, republishes, or |
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otherwise disseminates information in violation of this section is |
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liable to the individual who is the subject of the information in an |
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amount of $100 [not to exceed $500] for each separate violation and, |
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in the case of a continuing violation, an amount of $100 [not to
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exceed $500] for each subsequent day on which the violation occurs. |
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SECTION 6. Section 109.006(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) A business entity that publishes, republishes, or |
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otherwise disseminates criminal record information, confidential |
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juvenile record information, or confidential criminal record |
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information of a child in violation of this chapter is liable to the |
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state for a civil penalty in an amount not to exceed $1000 [$500] |
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for each separate violation and, in the case of a continuing |
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violation, an amount not to exceed $1000 [$500] for each subsequent |
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day on which the violation occurs. For purposes of this subsection, |
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each record published, republished, or otherwise disseminated in |
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violation of this chapter constitutes a separate violation. |
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SECTION 7. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 412 to read as follows: |
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CHAPTER 412. PHOTOGRAPHS RELATED TO CRIMINAL RECORD INFORMATION |
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Sec. 412.001. DEFINITION. In this chapter, "law |
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enforcement agency" means an agency of the state, or of a county, |
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municipality, or other political subdivision of the state, that is |
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engaged in the administration or enforcement of criminal justice |
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and that allocates a substantial portion of its annual budget to the |
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administration or enforcement of criminal justice. |
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Sec. 412.002. PUBLICATION OF CERTAIN PHOTOGRAPHS ON LAW |
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ENFORCEMENT AGENCY INTERNET WEBSITES PROHIBITED. A law enforcement |
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agency may not publish on the agency's Internet website any |
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photograph taken pursuant to an arrest, lawful detention, or other |
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involvement in the criminal justice system unless the person |
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depicted in the photograph has been finally convicted for the |
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offense in connection with which the photograph was taken. |
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Sec. 412.003. RELEASE OF CERTAIN PHOTOGRAPHS BY LAW |
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ENFORCEMENT AGENCIES PROHIBITED. (a) Subject to Subsection (b), a |
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law enforcement agency may not release a photograph of an |
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individual taken pursuant to an arrest, lawful detention, or other |
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involvement in the criminal justice system unless the person |
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requesting the photograph includes in the request: |
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(1) the name of the individual who is the subject of |
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the photograph; and |
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(2) the approximate date the photograph was taken or |
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date on which the incident giving rise to the photograph occurred. |
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(b) Subsection (a) does not apply to a law enforcement |
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agency for the release of a photograph to another law enforcement |
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agency. |
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SECTION 8. Chapter 109, Business & Commerce Code, as |
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amended by this Act, applies to: |
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(1) any publication of criminal record information, |
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confidential juvenile record information, or confidential criminal |
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record information of a child that occurs on or after the effective |
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date of this Act, regardless of whether: |
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(A) the information relates to events or |
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activities that occurred before, on, or after that date; or |
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(B) the information was initially published |
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before that date; and |
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(2) any publication, republication, or other |
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dissemination of criminal record information, including a |
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photograph, by a business entity subject to this Act that occurs on |
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or after the effective date of this Act, regardless of whether: |
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(A) the information relates to events or |
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activities that occurred before, on, or after that date; or |
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(B) the information was initially published, |
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republished, or otherwise disseminated before that date. |
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SECTION 9. This Act takes effect September 1, 2017. |