Bucy Bill Takes Down Mug Shots Of People Never Convicted

The text as introduced · 394 words

89R1526 MZM-D

By: Bucy
H.B. No. 486

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the publication of certain criminal record

information of individuals involved in the criminal justice system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 109.005, Business & Commerce Code, is

amended by adding Subsection (a-2) to read as follows:

(a-2) Notwithstanding Section 109.003, a business entity

may not publish criminal record information of an individual that

includes a photograph described under Section 109.001(2)(B) unless

the individual who is the subject of the information has been

convicted of an offense arising out of the same transaction for

which the individual was arrested or otherwise involved in the

criminal justice system and pursuant to which the photograph was

taken.

SECTION 2. Subchapter B, Chapter 2A, Code of Criminal

Procedure, is amended by adding Article 2A.067 to read as follows:

Art. 2A.067. PUBLICATION OF MUG SHOT BY LAW ENFORCEMENT

AGENCY. (a) In this article:

(1) "Mug shot" means a photograph of an individual

taken during the process of arresting the individual or booking the

individual into jail.

(2) "Publish" has the meaning assigned by Section

109.001, Business & Commerce Code.

(b) A law enforcement agency may not publish an individual's

mug shot, unless:

(1) the individual has been convicted of an offense

based on the conduct for which the individual was arrested or

incarcerated at the time the mug shot was taken;

(2) the law enforcement agency publishes 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

good cause shown.

(c) Mug shots are not confidential and are subject to

disclosure in accordance with Chapter 552, Government Code.

SECTION 3. The changes in law made by this Act apply to any

publication of criminal record information, including a mug shot,

that occurs on or after the effective date of this Act, regardless

of whether:

(1) the information relates to an arrest that occurred

before, on, or after that date; or

(2) the information was initially published before

that date.

SECTION 4. This Act takes effect September 1, 2025.