The bill, H.B. No. 486, aims to restrict the publication of certain criminal record information, particularly 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 mug shots if the individual has been convicted of an offense related to their arrest, if they are deemed a fugitive or a threat to public safety, or if a judge orders the release of the mug shot.

The bill clarifies the definitions of "mug shot" and "publish," and establishes that mug shots are not confidential and can be disclosed under the Government Code. The provisions of this bill will apply to any publication of criminal record information occurring on or after its effective date of 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)