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