The bill, H.B. No. 486, aims to restrict the publication of certain criminal record information, specifically focusing on mug shots, by businesses and law enforcement agencies. It introduces a new provision in the Business & Commerce Code that prohibits business entities from publishing criminal record information, including photographs, unless the individual has been convicted of an offense related to the same incident. Additionally, a new article in the Code of Criminal Procedure specifies that law enforcement agencies may only publish an individual's mug shot if the individual has been convicted of an offense related to the arrest, if the individual poses a threat to public safety, or if a judge orders the release of the mug shot.

The bill also clarifies that mug shots are not confidential and are subject to disclosure under the Government Code. The changes will apply to any publication of criminal record information occurring on or after the effective date of the Act, which is set for September 1, 2025, regardless of when the arrest took place or when the information was initially published.

Statutes affected:
Introduced: Commerce Code 109.005 (Commerce Code 109)