Texas Strikes a Blow to Mug Shot Websites
The publication of mug shots and other criminal information is nothing new, and the industry has expanded its reach to the internet. Websites that publish criminal record information purportedly do so as a public service to the community. Several websites publish criminal information to spur tips to Crime Stoppers and as a deterrent to others who might commit a crime.
On the other side stands the mug shot removal services, businesses that profit when individuals pay a fee to have their mug shot removed from one or more websites. Many complain that mug shot websites are merely a method to harass and embarrass those that have had dealings in the criminal justice system. Many claim that the mug shot removal services seek to extort money from those whose information they publish. Further, claims are made that information is posted to these website regardless of whether charges were dropped, cases were dismissed, or records expunged or sealed.
This controversy has led some state legislatures to propose bills to regulate the industry, Texas included.
New legislation (SB 1289) passed this session, amending the Texas Business & Commerce Code, taking effect September 1, 2013. The new law applies to any publication of criminal record information. The law prohibits businesses from publishing criminal record information if the business has received notice of expunction or an order of nondisclosure. It provides that a business is liable for up to $500 a day to be paid to the person whose information is published, and for an award to reasonable attorney’s fees.
Enrolled text here:
http://www.legis.state.tx.us/tlodocs/83R/billtext/pdf/SB01289F.pdf#navpanes=0
New Texas Law SB 555 Protective Orders For Pets or Companion Animals : Effective Sept. 1, 2013
Many victims of domestic violence often refuse to leave an unsafe environment since many times they must leave their pet behind. These victims many times leave in such a hurry that their pets are unable to join them. The perpetrator of the domestic violence will threaten or harm the pet as a means to intimidate and gain leverage over their victims.
Texas SB 555 amends Family Law Section 85.021, to authorize a court in a protective order, to take certain actions, including prohibiting a party from removing a pet, companion animal, or assistance animal from the possession of the actual or constructive care of a person named in the order.
Texas SB 555 also amends Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case) of the Penal Code to expand the definition of “possession” to mean actual or constructive care of an animal. Finally, SB 555 now amends the current law relating to provisions in protective orders regarding pets and other companion animals and provides a penalty for any offense committed by a person if that person harms a pet!
New Texas Laws Affecting Families : Effective Sept. 1, 2013
Texas House Bill 845: Standard Possession Order
Amends Family Code provisions relating to standard Texas court orders for possession of a child in suits affecting the parent-child relationship. The bill specifies that written notice for purposes of such possession may now be provided by e-mail or facsimile. The bill provides additional alternative beginning and ending possession times under the standard possession schedule for Mother’s Day weekend and for Thursdays and weekends during the regular school term. The bill also repeals provisions relating to a petition by a conservator for additional periods of possession of or access to a child after the conclusion of the conservator’s military deployment.
Texas House Bill 847: Spousal Maintenance
Amends the Family Code to specify that the agreement for payment of maintenance that is enforceable by contempt is an agreement for periodic payments of Texas spousal maintenance and to prohibit the enforcement by contempt of any provision of an agreed order for maintenance exceeding the amount of periodic support a court could have ordered. The bill authorizes a court to order income withholding in a proceeding in which there is a court-approved agreement for periodic payments of spousal maintenance voluntarily entered into between the parties but prohibits such an order to the extent that any provision of the order exceeds the amount of periodic support the court could have ordered or for any period of maintenance beyond the period the court could have ordered. The bill also specifies that a division of property and any contractual provisions under the terms of a court-approved agreement incident to divorce or annulment are enforceable in the same manner as a division of property provided for in a decree of divorce or annulment. The bill updates relevant enforcement provisions to reflect this inclusion.
Texas House Bill 3017: VA Disability Benefits and Net Resources
Amends Family Code provisions relating to the calculation of net resources for the purpose of determining child support liability. The bill includes U.S. Department of Veterans Affairs disability benefits, other than non-service-connected disability pension benefits, among the types of income considered resources. The bill authorizes a court, in determining whether an obligor is intentionally unemployed or underemployed, to consider evidence that the obligor is a veteran who is seeking or has been awarded either veteran disability benefits or non-service-connected disability pension benefits. The bill also updates language regarding the wage and salary presumption used in the absence of evidence of a party’s resources.
Texas House Bill 847: Enforcement of a Child Support Order by Contempt
Amends Family Code provisions relating to motions to enforce a final order in a suit affecting the parent-child relationship. The bill establishes that a court, in hearing such a motion, is not precluded from awarding court costs and reasonable attorney’s fees to the movant upon finding that the respondent is not in contempt with regard to the underlying order. The bill repeals a provision prohibiting the court from finding a respondent in contempt for failure to pay child support under certain conditions and a provision authorizing the court to award the petitioner court costs and reasonable attorney’s fees in a Texas child support enforcement hearing under certain conditions.
Texas Senate Bill 129: Venue for a Protective Order Application:
Amends the Texas Family Code to expand the venue for filing an application for a protective order against family violence to include any county in which the family violence is alleged to have occurred.
TEXAS NEW LAW (HB2268) LEADS U.S. IN EMAIL PRIVACY REGULATIONS!
Texas has become the first US state to require law enforcement to obtain a warrant when accessing peoples’ emails. Governor Rick Perry signed the bill June 14, 2013 and the bill went in to effect immediately. The State of Texas is now the safest U.S. state regarding personal conversations.
In addition to making all private email access subject to warrant request, this law would pertain to detailed cell-phone location data. This is another important law in modernizing online privacy laws.
Many other states are working on similar laws and privacy advocates are hoping that this will pressure the U.S. Congress to amend the Electronic Communications Privacy Act, which currently requires a warrant only for unopened email. Emails left unopened for more than 180 days and opened messages do not require federal law enforcement to get a warrant.
HB 2268 would keep Texas law enforcement in charge of Texas prosecutions. By allowing Texas judges and law enforcement to issue and execute warrants for certain electronic information held in other states, Texas will be able to expedite the investigation of crimes and give prosecutors the necessary tools to prosecute these crimes. The Bill eases the burden of other state courts and simplifies the process for the entities receiving these warrants.
Since the Internet is a primary venue for many illegal traffickers and the bulk of criminal activity and evidence takes place on the Internet, much information is held by companies in another state. This bill will streamline search warrants, allowing Texas to move quickly on their cases.
This bill also allows reciprocity to the judges and law enforcement in other states who are encountering the same problems. This reciprocity will be narrowly granted to apply only to warrants equivalent to those defined under the bill.
For the complete text of HB2268 please go to this site: http://www.capitol.state.tx.us/BillLookup/actions.aspx?LegSess=83R&Bill=HB2268
Texas Divorce Checklist: Planning Ahead
Preparing for a Texas Divorce: Assets
Preparing for a divorce is painful no matter the circumstance. Before you get into the tangle of the Texas divorce process, you can reduce the expense, stress and conflict many people face by making sure you are prepared. Planning ahead allows you to make sound decisions and start preparing for your life post-divorce, and may also help you avoid post-divorce pitfalls. Below is a list of items you need to gather before counseling with an attorney.
Documents
1. A Listing of all Real Property, address and location, including (include time-shares and vacation properties):
1. Deeds of Trust
2. Notes
3. Legal Description
4. Mortgage Companies (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments)
5. Current fair market value
2. Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
1. Name of institution, address and telephone number
2. Amount in institution on date of marriage
3. Amount in institution currently
4. Account Number
5. Names on Account
3. Retirement Benefits
1. Exact name of plan
2. Address of plan administrator
3. Employer
4. Employee
5. Starting date of contributions
6. Amount in account on date of marriage
7. Amount currently in account
8. Balance of any loan against plan
4. Publicly traded stock, bonds and other securities (include securities not in a brokerage, mutual fund, or retirement account):
1. Number of shares
2. Type of securities
3. Certificate numbers
4. In possession of
5. Name of exchange which listed
6. Pledged as collateral?
7. Date acquired
8. Tax basis
9. Current market value
10. If stock (date option granted, number of shares and value per share)
5. Insurance and Annuities
1. Name of insurance company
2. Policy Number
3. Insured
4. Type of insurance (whole/term/universal)
5. Amount of monthly premiums
6. Date of Issue
7. Face amount
8. Cash surrender value
9. Current surrender value
10. Designated beneficiary
6. Closely held business interests:
1. Name of business
2. Address
3. Type of business
4. % of ownership
5. Number of shares owned if applicable
6. Value of shares
7. Balance of accounts receivables
8. Cash flow reports
9. Balance of liabilities
10. List of company assets
7. Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, work interests, and producing and non-producing oil and gas wells.
1. Name of mineral interest
2. Type of interest
3. County of location
4. Legal description
5. Name of producer/operator
6. Current market value
8. Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned)
1. Year
2. Make
3. Model
4. Value
5. Name on title
6. VIN Number
7. Fair Market Value
8. Name of creditor (if any), address and telephone
9. Persons listed on debt
10. Account number
11. Balance of any loan and monthly payment
12. Net Equity in vehicle
9. Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)
10. Household furniture, furnishings and Fixtures
11. Electronics and computers
12. Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections)
13. Miscellaneous sporting goods and firearms
14. Jewelry
15. Animals and livestock
16. Farming equipment
17. Club Memberships
18. Travel Award Benefits (including frequent flyer miles)
19. Safe deposit box items
20. Burial plots
21. Items in any storage facility
22. A listing of separate property (property prior to marriage, family heir looms, property gifted)
23. Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
a. Name of entity, address and telephone number
b. Account number
c. Amount owed
d. Monthly payment
e. Property securing payment (if any)
f. Persons listed as liable for debt
NACOL LAW FIRM P.C.
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
Office Hours
Monday – Thursday, 8am – 5pm
Friday, 8:30am – 5pm
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
