By: Goldman, Krause, Tinderholt, Howard, H.B. No. 3106
Neave, et al.
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that law enforcement agencies enter into
certain databases 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 Sections 420.035 and 420.036 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 information:
(1) specifying:
(A) the suspect's name and date of birth;
(B) the sex offense being investigated; and
(C) the law enforcement agency investigating the
offense; and
(2) describing the manner in which the offense was
committed, including the manner in which the suspect physically
injured each victim, if applicable.
(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.
Sec. 420.036. DUTY TO ENTER CERTAIN INFORMATION INTO
VIOLENT CRIMINAL APPREHENSION PROGRAM DATABASE. (a) In this
section, "database" means the national database of the Violent
Criminal Apprehension Program established and maintained by the
Federal Bureau of Investigation, or a successor database.
(b) Each law enforcement agency in this state shall request
access from the Federal Bureau of Investigation to enter
information into the database.
(c) A law enforcement agency that investigates a sexual
assault or other sex offense shall enter into the database the
following information regarding the investigation of the sexual
assault or other sex offense, as available:
(1) the suspect's name and date of birth;
(2) the specific offense being investigated;
(3) a description of the manner in which the offense
was committed, including any pattern of conduct occurring during
the course of multiple offenses suspected to have been committed by
the suspect; and
(4) any other information required by the Federal
Bureau of Investigation for inclusion in the database.
(d) 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. Sections 420.035 and 420.036, Government Code,
as added by this Act, apply 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.