| 1 | | - | H.B. No. 3106 |
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| 1 | + | By: Goldman, et al. H.B. No. 3106 |
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| 2 | + | (Senate Sponsor - Huffman, Zaffirini) |
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| 3 | + | (In the Senate - Received from the House April 30, 2019; |
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| 4 | + | May 1, 2019, read first time and referred to Committee on Criminal |
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| 5 | + | Justice; May 10, 2019, reported adversely, with favorable |
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| 6 | + | Committee Substitute by the following vote: Yeas 5, Nays 0; |
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| 7 | + | May 10, 2019, sent to printer.) |
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| 8 | + | Click here to see the committee vote |
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| 9 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 3106 By: Whitmire |
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| 4 | 13 | | AN ACT |
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| 5 | 14 | | relating to a requirement that law enforcement agencies enter into |
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| 6 | 15 | | a certain database information related to investigations of sexual |
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| 7 | 16 | | assault or other sex offenses. |
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| 8 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 18 | | SECTION 1. This Act shall be known as Molly Jane's Law. |
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| 10 | 19 | | SECTION 2. Subchapter B, Chapter 420, Government Code, is |
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| 11 | 20 | | amended by adding Section 420.035 to read as follows: |
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| 12 | 21 | | Sec. 420.035. DUTY TO ENTER CERTAIN INFORMATION INTO |
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| 13 | 22 | | VIOLENT CRIMINAL APPREHENSION PROGRAM DATABASE. (a) In this |
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| 14 | 23 | | section, "database" means the national database of the Violent |
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| 15 | 24 | | Criminal Apprehension Program established and maintained by the |
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| 16 | 25 | | Federal Bureau of Investigation, or a successor database. |
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| 17 | 26 | | (b) Each law enforcement agency in this state shall request |
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| 18 | 27 | | access from the Federal Bureau of Investigation to enter |
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| 19 | 28 | | information into the database. |
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| 20 | 29 | | (c) A law enforcement agency that investigates a sexual |
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| 21 | 30 | | assault or other sex offense shall enter into the database the |
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| 22 | 31 | | following information regarding the investigation of the sexual |
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| 23 | 32 | | assault or other sex offense, as available: |
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| 24 | 33 | | (1) the suspect's name and date of birth; |
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| 25 | 34 | | (2) the specific offense being investigated; |
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| 26 | 35 | | (3) a description of the manner in which the offense |
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| 27 | 36 | | was committed, including any pattern of conduct occurring during |
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| 28 | 37 | | the course of multiple offenses suspected to have been committed by |
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| 29 | 38 | | the suspect; and |
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| 30 | 39 | | (4) any other information required by the Federal |
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| 31 | 40 | | Bureau of Investigation for inclusion in the database. |
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| 32 | 41 | | (d) Information entered into the database under this |
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| 33 | 42 | | section is excepted from required disclosure under Chapter 552 in |
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| 34 | 43 | | the manner provided by Section 552.108. |
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| 35 | 44 | | SECTION 3. Section 420.035, Government Code, as added by |
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| 36 | 45 | | this Act, applies only to a pending investigation of a sexual |
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| 37 | 46 | | assault or other sex offense, regardless of whether the |
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| 38 | 47 | | investigation was commenced before, on, or after the effective date |
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| 39 | 48 | | of this Act. |
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| 40 | 49 | | SECTION 4. This Act takes effect September 1, 2019. |
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| 41 | | - | ______________________________ ______________________________ |
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| 42 | | - | President of the Senate Speaker of the House |
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| 43 | | - | I certify that H.B. No. 3106 was passed by the House on April |
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| 44 | | - | 30, 2019, by the following vote: Yeas 145, Nays 0, 2 present, not |
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| 45 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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| 46 | | - | No. 3106 on May 15, 2019, by the following vote: Yeas 145, Nays 2, |
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| 47 | | - | 2 present, not voting. |
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| 48 | | - | ______________________________ |
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| 49 | | - | Chief Clerk of the House |
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| 50 | | - | I certify that H.B. No. 3106 was passed by the Senate, with |
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| 51 | | - | amendments, on May 14, 2019, by the following vote: Yeas 31, Nays |
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| 52 | | - | 0. |
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| 53 | | - | ______________________________ |
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| 54 | | - | Secretary of the Senate |
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| 55 | | - | APPROVED: __________________ |
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| 56 | | - | Date |
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| 57 | | - | __________________ |
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| 58 | | - | Governor |
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| 50 | + | * * * * * |
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