| |
|
|
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. |