Bill Text: TX HB1075 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to an alert for a missing person with an intellectual disability.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1075 Detail]

Download: Texas-2011-HB1075-Introduced.html

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By: Anderson of Dallas H.B. No. 1075

A BILL TO BE ENTITLED
AN ACT
relating to the consolidation of certain alert systems into a
single statewide alert system and to the addition of other factors
that will prompt an alert under the consolidated system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter L, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER L. STATEWIDE [AMERICA'S MISSING: BROADCAST EMERGENCY
RESPONSE (AMBER)] ALERT SYSTEM [FOR ABDUCTED CHILDREN] AND MISSING
INCAPACITATED PERSONS
SECTION 2. Section 411.351, Government Code, is amended to
read as follows:
Sec. 411.351. DEFINITIONS. In this subchapter:
(1) "Abducted child" means a child 17 years of age or
younger whose whereabouts are unknown and whose disappearance poses
a credible threat to the safety and health of the child, as
determined by a local law enforcement agency. The term includes any
child who did not depart willingly with the other person or who,
regardless of whether the child departed willingly with the other
person, is younger than 14 years of age. In either case, the child
must have been taken from the care and custody of the child's
parent, [or] legal guardian, or primary care giver without the
permission of the parent, [or] legal guardian, or primary care
giver by another person who is:
(A) more than three years older than the child;
and
(B) not related to the child by any degree of
consanguinity or affinity as defined under Subchapter B, Chapter
573.
(2) "Alert system" means the statewide [America's
Missing: Broadcast Emergency Response (AMBER)] alert system
established under Section 411.352 [for abducted children] and
missing incapacitated persons.
(3) "Incapacitated person" means a person who,[:
[(A) is 65 years of age or older and has an
impaired mental condition; or
[(B)] because of a diagnosed intellectual and
developmental disability [mental condition], is substantially
unable to provide food, clothing, or shelter for himself or herself
or to care for the person's own physical health and well-being.
(4) "Local law enforcement agency" means a local law
enforcement agency with jurisdiction over the investigation of:
(A) the abduction of a child; or
(B) a missing incapacitated person.
(5) [(4)] "Serious bodily injury" has the meaning
assigned by Section 1.07, Penal Code.
SECTION 3. Section 411.352, Government Code, is amended to
read as follows:
Sec. 411.352. STATEWIDE [AMERICA'S MISSING: BROADCAST
EMERGENCY RESPONSE (AMBER)] ALERT SYSTEM [FOR ABDUCTED CHILDREN]
AND MISSING INCAPACITATED PERSONS. With the cooperation of the
Texas Department of Transportation, the office of the governor, and
other appropriate law enforcement agencies in this state, the
department shall develop and implement a statewide alert system to
be activated on behalf of an abducted child or a missing
incapacitated person.
SECTION 4. Section 411.355, Government Code, is amended to
read as follows:
Sec. 411.355. ACTIVATION OF ALERT. (a) On establishing
that the criteria under Section 411.3551 or 411.3552 have been
satisfied,[the request of] a local law enforcement agency[, the
department] shall immediately request the activation of the
appropriate alert by the department and shall provide to the
department all the information necessary to support the agency's
request.
(b) On verifying the accuracy of the information provided by
a local law enforcement agency to the department under Subsection
(a), the department shall immediately activate the alert [system]
and notify appropriate participants in the alert system, as
established by department rule.[, if:
[(1) the local law enforcement agency believes that a
child has been abducted, including a child who:
[(A) is younger than 14 years of age; and
[(B) regardless of whether the child departed
willingly with the other person, has been taken from the care and
custody of the child's parent or legal guardian without the
permission of the parent or legal guardian by another person who is:
[(i) more than three years older than the
child; and
[(ii) not related to the child by any degree
of consanguinity or affinity as defined under Subchapter B, Chapter
573, Government Code;
[(2) the local law enforcement agency believes that
the abducted child is in immediate danger of serious bodily injury
or death or of becoming the victim of a sexual assault;
[(3) the local law enforcement agency confirms that a
preliminary investigation has taken place that verifies the
abduction and eliminates alternative explanations for the child's
disappearance; and
[(4) sufficient information is available to
disseminate to the public that could assist in locating the child, a
person suspected of abducting the child, or a vehicle suspected of
being used in the abduction].
(c) In activating an alert, the [(b) The] department shall
send [may modify the criteria described by Subsection (a) as
necessary for the proper implementation of] the alert to designated
media outlets in Texas [system]. Following receipt of the alert,
participating radio stations, television stations, and other media
outlets may issue the alert at designated intervals to assist in
locating the abducted child or missing incapacitated person.
(d) An alert must include:
(1) all appropriate information that is provided by
the local law enforcement agency and that may lead to the safe
location or recovery of the abducted child or missing incapacitated
person; and
(2) a statement instructing any person with
information related to the abducted child or missing incapacitated
person to contact a local law enforcement agency.
SECTION 5. Subchapter L, Chapter 411, Government Code, is
amended by adding Sections 411.3551 and 411.3552 to read as
follows:
Sec. 411.3551. CRITERIA FOR ALERT REGARDING ABDUCTED CHILD.
To activate an alert regarding an abducted child under Section
411.355, the following criteria must be satisfied:
(1) the local law enforcement agency must believe that
a child has been abducted;
(2) the local law enforcement agency must believe that
the abducted child is in immediate danger of serious bodily injury
or death or of becoming the victim of a sexual assault;
(3) the local law enforcement agency must confirm that
a preliminary investigation has taken place that verifies the
abduction and eliminates alternative explanations for the child's
disappearance; and
(4) sufficient information must be available to
disseminate to the public that could assist in locating or
recovering the child, a person suspected of abducting the child, or
a vehicle suspected of being used in the abduction.
Sec. 411.3552. CRITERIA FOR ALERT REGARDING MISSING
INCAPACITATED PERSON. (a) To activate an alert regarding a missing
incapacitated person under Section 411.355, the following criteria
must be satisfied:
(1) at the time the incapacitated person is reported
missing:
(A) the person reported missing:
(i) [must be 65 years of age or older and
have an impaired mental condition; or
[(ii)] must have a diagnosed intellectual
and developmental disability [mental condition] that causes the
person to be substantially unable to provide food, clothing, or
shelter for himself or herself or to care for the person's own
physical health;
(B) the person's location must be unknown; and
(C) the person's domicile must be Texas; and
(2) the person's disappearance must pose a credible
threat to the person's health and safety.
(b) A local law enforcement agency that reports a missing
incapacitated person shall:
(1) require the family, [or] legal guardian, or
primary care giver of the person to provide documentation of the
person's intellectual and developmental disability [mental
condition] to confirm the presence of a condition described by
Subsection (a)(1)(A); and
(2) as soon as practicable, determine whether the
person's disappearance poses a credible threat to the person's
health and safety for purposes of Subsection (a)(2).
SECTION 6. Section 411.358, Government Code, is amended to
read as follows:
Sec. 411.358. TERMINATION OF ALERT. (a) The director shall
terminate the [any] activation of [any] the alert [system] with
respect to a particular abducted child or missing incapacitated
person [abducted child] if:
(1) the abducted child or missing incapacitated person
[child] is located or recovered or the situation [abduction] is
otherwise resolved; or
(2) the director determines that the alert [system] is
no longer an effective tool for locating or [and] recovering the
abducted child or missing incapacitated person [child].
(b) A local law enforcement agency that locates or recovers
a person who is the subject of an alert under this subchapter shall
notify the department as soon as possible that the person has been
located or recovered, as applicable.
SECTION 7. The following statutes are repealed:
(1) Section 411.356, Government Code; and
[(2) Subchapter M, Chapter 411, Government Code.]
SECTION 8. Not later than December 1, 2011, the public
safety director shall adopt the rules necessary to implement
Subchapter L, Chapter 411, Government Code, as amended by this Act.
SECTION 9. (a) Not later than December 1, 2011, the
Department of Public Safety of the State of Texas shall amend
[consolidate] the AMBER alert system described by Subchapter L,
Chapter 411, Government Code, [and the silver alert system
described by Subchapter M, Chapter 411, Government Code, into a
statewide alert system] and shall further develop and implement
that system as required by Section 411.352, Government Code, as
amended by this Act. [On that date, the AMBER alert system and the
silver alert system are abolished, and any obligations, rules,
contracts, records, or unspent appropriations relating to the
operation of the AMBER alert system and the silver alert system are
transferred to the statewide alert system.]
(b) The rules of the AMBER alert system [and the silver
alert system] are continued in effect [as rules of the statewide
alert system] until superseded by other rule.
(c) Notwithstanding the changes in law made by this Act,
until the date the Department of Public Safety amends
[consolidates] the AMBER alert system [and the silver alert system]
as provided by this section, the department shall continue to
operate the AMBER alert system [and the silver alert system
independently] under the laws that governed those systems before
the effective date of this Act, and the prior law is continued in
effect for that purpose.
SECTION 10. This Act takes effect September 1, 2011.