Bill Text: CT HB05237 | 2010 | General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act Concerning The Investigation Of Missing Persons Reports.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-21 - File Number 613 [HB05237 Detail]

Download: Connecticut-2010-HB05237-Comm_Sub.html

General Assembly

 

Substitute Bill No. 5237

    February Session, 2010

 

*_____HB05237PS____031110____*

AN ACT CONCERNING THE INVESTIGATION OF MISSING PERSONS REPORTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2010) (a) For the purposes of this section and section 2 of this act, "law enforcement agency" means the Division of State Police within the Department of Public Safety or any municipal police department and "high-risk missing person" means a missing person who has been classified as high risk by a law enforcement agency based upon (1) information that the missing person suffers from senility, suicidal episodes, depression or any physical or medical condition that requires immediate medication; (2) a reasonable indication that the missing person may have met with foul play or there is evidence of a risk to life or safety; or (3) a preponderance of evidence that would lead a reasonable person to conclude that the individual's disappearance was not voluntary in nature.

(b) A law enforcement agency shall accept without delay any report of any adult high-risk missing person. When the law enforcement agency makes a determination that a missing person is a high-risk missing person, such agency shall enter information relating to the missing person into all appropriate federal or state databases as soon as practicable and shall distribute such information internally as soon as practicable to officers and members of the agency at roll call and by any other means deemed appropriate by such agency.

(c) The law enforcement agency shall notify the person making the report, a family member or any other person in a position to assist the law enforcement agency in its efforts to locate the high-risk missing person by providing to such person, family member or other person:

(1) General information about the handling of the missing person case or about intended efforts in the case, to the extent that the law enforcement agency determines that disclosure would not adversely affect its ability to locate or protect the missing person or to apprehend or prosecute any person criminally involved in the disappearance; and

(2) Information advising the person making the report and other involved persons that if the missing person remains missing, they should contact the law enforcement agency to provide additional information and materials that will aid in locating the missing person, such as any credit or debit cards the missing person has access to, other banking or financial information and any records of cellular telephone use.

(d) In cases where DNA samples are requested, the law enforcement agency shall notify such person or family member that all such DNA samples are provided on a voluntary basis and shall be used solely to help locate or identify the missing person and shall not be used for any other purpose.

(e) The Division of Scientific Services within the Department of Public Safety shall enter any DNA samples regarding missing persons into applicable law enforcement databases intended to identify and locate missing persons in a timely manner.

(f) If the person identified in the missing person report remains missing for thirty days, and the additional information and materials specified in subdivisions (1) to (4), inclusive, of this subsection have not been received, the law enforcement agency shall attempt to obtain:

(1) DNA samples from family members and, if possible, from the missing person, along with any needed documentation, including any consent forms, required for the use of state or federal DNA databases;

(2) Dental information and x-rays of the missing person, and an authorization to release dental or skeletal x-rays of the missing person;

(3) Any additional photographs of the missing person that may aid the investigation or an identification; and

(4) Fingerprints of the missing person.

(g) Nothing is this section shall be construed to preclude a law enforcement agency from obtaining any of the materials identified in this section before the thirtieth day following the filing of the missing person report.

Sec. 2. (NEW) (Effective October 1, 2010) Agencies handling remains identified to be those of a missing person shall notify the law enforcement agency handling the missing person's case. Documented efforts shall be made to locate family members of the deceased person to inform them of the death and location of the remains of their family member.

Sec. 3. (NEW) (Effective July 1, 2010) On or before January 1, 2012, the Police Officer Standards and Training Council shall, in consultation with the Division of State Police within the Department of Public Safety, develop a training disc or other training material as the council or division deems appropriate regarding the responsibilities of law enforcement agencies in responding to and reporting high-risk missing persons, including preferred methods of response that are sensitive to the emotions of the person making the report.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2010

New section

Sec. 2

October 1, 2010

New section

Sec. 3

July 1, 2010

New section

Statement of Legislative Commissioners:

In Section (1)(a), the definition of "high-risk missing person" was reworded for proper grammar.

PS

Joint Favorable Subst.-LCO

 
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