The Texas state legislature has passed a new state law that requires mugshot companies to take down your mugshot if you make a non disclosure request per SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is amended by adding Chapter 109
We are going to outline some of the key points that you need to know of the new law. Skip through to the end for a summary but you may need to cite specifics parts of the actual statues to mughot site owners.
CHAPTER 109. BUSINESS ENTITIES ENGAGED IN PUBLICATION OF CRIMINAL RECORD INFORMATION
Sec 109.001 (B) A photograph of the person taken pursuant to an arrest or other involvement in the criminal justice system; and (C) personal identifying information of a person displayed in conjunction with any other record of the person?s involvement in the criminal justice system.
(4)”Publish” means to communicate or make information available to another person in writing or by means of telecommunications and includes communicating information on a computer bulletin board or similar system.
Sec.A109.004.AADISPUTING COMPLETENESS OR ACCURACY OF INFORMATION. (a)AAA business entity shall clearly and conspicuously publish an e-mail address, fax number, or mailing
address to enable a person who is the subject of criminal record information published by the entity to dispute the completeness or accuracy of the information.
Sec.A109.005. PUBLICATION OF CERTAIN CRIMINAL RECORD INFORMATION PROHIBITED; CIVIL LIABILITY. (a) business entity may not publish any criminal record information in the business entity?s possession with respect to which the business entity has knowledge or has received notice that: (1) an order of expunction has been issued under Article 55.02, Code of Criminal Procedure; or (2) an order of nondisclosure has been issued under S.B.ANo.A1289 4Section 411.081(d), Government Code.
(b)A business entity that publishes information in violation of Subsection (a) is liable to the individual who is the subject of the information in an amount not to exceed $500 for each separate violation and, in the case of a continuing violation, an amount not to exceed $500 for each subsequent day on which the violation occurs.
Sec.A109.006. CIVIL PENALTY; INJUNCTION. (a)A business entity that publishes criminal record information in violation of this chapter is liable to the state for a civil penalty in an amount not to exceed $500 for each separate violation and, in the case of a continuing violation, an amount not to exceed $500 for each subsequent day on which the violation occurs. For purposes of this subsection, each criminal record published in violation of this chapter constitutes a separate violation.
(b) The attorney general or an appropriate prosecuting attorney may sue to collect a civil penalty under this section.
Mugshot websites are defined as companies that publish and display public information in relation to involvement with the criminal justice system.
Mugshot websites are required to take down any Texas residents information of they send a nondisclosure request, case is expunged, or contest the accuracy of the information, charges dropped, new address, record expunged etc.
The Mugshot website must list a way that they can be contacted, either email, fax, phone, address etc. It has to be easy to see.
They can be fined $500 per day for non compliance or it they do not respond in 45 days. Each picture can result in an additional $500.
The prosecuting attorney can sue to collect a civil penalty.
Hopefully all states will follow in the footsteps of Texas.