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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the publication of certain criminal record |
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information of individuals involved in the criminal justice system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 109.005, Business & Commerce Code, is |
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amended by adding Subsection (a-2) to read as follows: |
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(a-2) Notwithstanding Section 109.003, a business entity |
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may not publish criminal record information of an individual that |
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includes a photograph described under Section 109.001(2)(B) unless |
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the individual who is the subject of the information has been |
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convicted of an offense arising out of the same transaction for |
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which the individual was arrested or otherwise involved in the |
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criminal justice system and pursuant to which the photograph was |
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taken. |
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SECTION 2. Subchapter B, Chapter 2A, Code of Criminal |
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Procedure, is amended by adding Article 2A.067 to read as follows: |
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Art. 2A.067. PUBLICATION OF MUG SHOT BY LAW ENFORCEMENT |
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AGENCY. (a) In this article: |
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(1) "Mug shot" means a photograph of an individual |
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taken during the process of arresting the individual or booking the |
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individual into jail. |
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(2) "Publish" has the meaning assigned by Section |
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109.001, Business & Commerce Code. |
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(b) A law enforcement agency may not publish an individual's |
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mug shot, unless: |
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(1) the individual has been convicted of an offense |
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based on 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) the law enforcement agency publishes 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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good cause shown. |
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(c) Mug shots are not confidential and are subject to |
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disclosure in accordance with Chapter 552, Government Code. |
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SECTION 3. The changes in law made by this Act apply to any |
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publication of criminal record information, including a mug shot, |
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that occurs on or after the effective date of this Act, regardless |
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of whether: |
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(1) the information relates to an arrest that occurred |
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before, on, or after that date; or |
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(2) the information was initially published before |
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that date. |
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SECTION 4. This Act takes effect September 1, 2025. |