By: Goldman H.B. No. 3106
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that law enforcement agencies enter into
the Texas Data Exchange information related to investigations of
sexual assault or other sex offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Molly Jane's Law.
SECTION 2. Subchapter B, Chapter 420, Government Code, is
amended by adding Section 420.035 to read as follows:
Sec. 420.035. DUTY TO ENTER INVESTIGATION INFORMATION INTO
INTELLIGENCE DATABASE. (a) In this section, "database" means the
Texas Data Exchange or a successor comprehensive intelligence
database.
(b) A law enforcement agency that identifies a person as a
suspect in the investigation of a sexual assault or other sex
offense, regardless of how the person is identified, shall enter
into the database information regarding the agency's investigation
of that person. The information entered must include:
(1) the suspect's name and date of birth;
(2) the sex offense being investigated; and
(3) the concurrent physical offenses being
investigated; and
(4) the law enforcement agency investigating the
offense.
(c) A law enforcement agency described by Subsection (b)
shall remove the information from the database on the earliest of
the following dates:
(1) the date the agency no longer considers the person
a suspect in the relevant investigation;
(2) the date the person is charged with the offense
being investigated or a similar offense; or
(3) the fifth anniversary of the date the information
was entered into the database.
(d) The department may, as necessary, remove from the
database any information entered under this section.
(e) Information entered into the database under this
section is excepted from required disclosure under Chapter 552 in
the manner provided by Section 552.108.
SECTION 3. Section 420.035, Government Code, as added by
this Act, applies only to a pending investigation of a sexual
assault or other sex offense, regardless of whether the
investigation was commenced before, on, or after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2019.