By: Goldman, et al. H.B. No. 3106

(Senate Sponsor - Huffman, Zaffirini)

(In the Senate - Received from the House April 30, 2019; May 1, 2019, read first time and referred to Committee on Criminal Justice; May 10, 2019, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; May 10, 2019, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 3106 By: Whitmire

A BILL TO BE ENTITLED

AN ACT

relating to a requirement that law enforcement agencies enter into a certain database 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 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. 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.

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