Bill Text: TX HB4975 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to reporting procedures and training programs for law enforcement agencies regarding missing children and missing persons.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Homeland Security & Public Safety [HB4975 Detail]

Download: Texas-2023-HB4975-Introduced.html
  88R11916 MCF-F
 
  By: Klick H.B. No. 4975
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reporting procedures and training programs for law
  enforcement agencies regarding missing children and missing
  persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.13(c), Code of Criminal Procedure, is
  amended to read as follows:
         (c)  It is the duty of every officer to take possession of a
  child under Article 63.00905(g) [63.009(g)].
         SECTION 2.  The heading to Article 63.009, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 63.009.  LAW ENFORCEMENT REQUIREMENTS GENERALLY.
         SECTION 3.  Articles 63.009(a), (d), and (f), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  A law enforcement agency, on receiving a report of a
  [missing child or] missing person, shall:
               (1)  [if the subject of the report is a child and the
  child is at a high risk of harm or is otherwise in danger or] if the
  subject of the report is a person who is known by the agency to have
  or is reported to have chronic dementia, including Alzheimer's
  dementia, whether caused by illness, brain defect, or brain injury,
  immediately start an investigation in order to determine the
  present location of the [child or] person;
               (2)  if the subject of the report is a [child or] person
  other than a [child or] person described by Subdivision (1), start
  an investigation with due diligence in order to determine the
  present location of the [child or] person;
               (3)  immediately, but not later than two hours after
  receiving the report, enter the name of the [child or] person into
  the clearinghouse and the national crime information center missing
  person file if the [child or] person meets the center's criteria,
  and report that name to the Alzheimer's Association Safe Return
  emergency response center if applicable, with all available
  identifying features such as dental records, fingerprints, other
  physical characteristics, and a description of the clothing worn
  when last seen, and all available information describing any person
  reasonably believed to have taken or retained the [missing child
  or] missing person;
               (4)  not later than the 60th day after the date the
  agency receives the report, enter the name of the [child or] person
  into the National Missing and Unidentified Persons System, with all
  available identifying features such as dental records,
  fingerprints, other physical characteristics, and a description of
  the clothing worn when last seen, and all available information
  describing any person reasonably believed to have taken or retained
  the [missing child or] missing person; and
               (5)  inform the person who filed the report of the
  [missing child or] missing person that the information will be:
                     (A)  entered into the clearinghouse, the national
  crime information center missing person file, and the National
  Missing and Unidentified Persons System; and
                     (B)  reported to the Alzheimer's Association Safe
  Return emergency response center if applicable.
         (d)  If a local law enforcement agency investigating a report
  of a [missing child or] missing person obtains a warrant for the
  arrest of a person for taking or retaining the [missing child or]
  missing person, the local law enforcement agency shall immediately
  enter the name and other descriptive information of the person into
  the national crime information center wanted person file if the
  person meets the center's criteria. The local law enforcement
  agency shall also enter all available identifying features,
  including dental records, fingerprints, and other physical
  characteristics of the [missing child or] missing person. The
  information shall be cross-referenced with the information in the
  national crime information center missing person file.
         (f)  Immediately after the return of a [missing child or]
  missing person or the identification of an unidentified body, the
  local law enforcement agency having jurisdiction of the
  investigation shall:
               (1)  clear the entry in the national crime information
  center database; and
               (2)  notify the National Missing and Unidentified
  Persons System.
         SECTION 4.  Subchapter A, Chapter 63, Code of Criminal
  Procedure, is amended by adding Article 63.00905 to read as
  follows:
         Art. 63.00905.  LAW ENFORCEMENT REQUIREMENTS FOR REPORT OF
  MISSING CHILD. (a)  A law enforcement agency, on receiving a report
  of a missing child, shall:
               (1)  immediately start an investigation in order to
  determine the present location of the child;
               (2)  immediately, but not later than two hours after
  receiving the report, enter the name of the child into the
  clearinghouse, the National Missing and Unidentified Persons
  System, and the national crime information center missing person
  file if the child meets the center's criteria, with all available
  identifying features such as dental records, fingerprints, other
  physical characteristics, and a description of the clothing worn
  when last seen, and all available information describing any person
  reasonably believed to have taken or retained the missing child;
               (3)  immediately, but not later than two hours after
  the agency receives the report, enter the applicable information
  into the Texas Law Enforcement Telecommunications System or a
  successor system of telecommunication used by law enforcement
  agencies and operated by the Department of Public Safety; and
               (4)  inform the person who filed the report of the
  missing child that the information will be entered into the
  clearinghouse, the national crime information center missing
  person file, and the National Missing and Unidentified Persons
  System.
         (b)  A local law enforcement agency, on receiving a report of
  a child missing under the circumstances described by Article
  63.001(3)(D) for a period of not less than 48 hours, shall
  immediately make a reasonable effort to locate the child and
  determine the well-being of the child. On determining the location
  of the child, if the agency has reason to believe that the child is a
  victim of abuse or neglect as defined by Section 261.001, Family
  Code, the agency:
               (1)  shall notify the Department of Family and
  Protective Services; and
               (2)  may take possession of the child under Subchapter
  B, Chapter 262, Family Code.
         (c)  The Department of Family and Protective Services, on
  receiving notice under Subsection (b), may initiate an
  investigation into the allegation of abuse or neglect under Section
  261.301, Family Code, and take possession of the child under
  Chapter 262, Family Code.
         (d)  Information not immediately available when the original
  entry is made shall be entered into the clearinghouse, the national
  crime information center file, and the National Missing and
  Unidentified Persons System as a supplement to the original entry
  as soon as possible.
         (e)  If a local law enforcement agency investigating a report
  of a missing child obtains a warrant for the arrest of a person for
  taking or retaining the missing child, the local law enforcement
  agency shall immediately enter the name and other descriptive
  information of the person into the national crime information
  center wanted person file if the person meets the center's
  criteria. The local law enforcement agency shall also enter all
  available identifying features, including dental records,
  fingerprints, and other physical characteristics of the missing
  child. The information shall be cross-referenced with the
  information in the national crime information center missing person
  file.
         (f)  Immediately after the return of a missing child, the
  local law enforcement agency having jurisdiction of the
  investigation shall:
               (1)  clear the entry in the national crime information
  center database; and
               (2)  notify the National Missing and Unidentified
  Persons System.
         (g)  On determining the location of a child, other than a
  child who is subject to the continuing jurisdiction of a district
  court, an officer shall take possession of the child and shall
  deliver or arrange for the delivery of the child to a person
  entitled to possession of the child. If the person entitled to
  possession of the child is not immediately available, the law
  enforcement officer shall deliver the child to the Department of
  Family and Protective Services.
         SECTION 5.  Article 63.0091, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 63.0091.  LAW ENFORCEMENT REQUIREMENTS REGARDING
  REPORTS OF CERTAIN MISSING CHILDREN. (a) The public safety
  director of the Department of Public Safety shall adopt rules
  regarding the procedures for a local law enforcement agency on
  receiving a report of a missing child who:
               (1)  had been reported missing on four or more
  occasions in the 24-month period preceding the date of the current
  report;
               (2)  is in foster care or in the conservatorship of the
  Department of Family and Protective Services and had been reported
  missing on two or more occasions in the 24-month period preceding
  the date of the current report; or
               (3)  is [under 14 years of age and otherwise determined
  by the local law enforcement agency or the Department of Public
  Safety to be] at a high risk of human trafficking, sexual assault,
  exploitation, abuse, or neglectful supervision for any reason the
  agency considers to be high risk, including because the missing
  child:
                     (A)  disappeared while in a dangerous
  environment;
                     (B)  has mental or behavioral health needs;
                     (C)  previously exhibited signs of mental
  illness;
                     (D)  has an intellectual or developmental
  disability;
                     (E)  is known to have been last seen or in
  communication with a person unknown to the child's family or legal
  guardian; or
                     (F)  made concerning statements before
  disappearing.
         (b)  The rules adopted under this article must require that:
               (1)  in entering information regarding the report into
  the national crime information center missing person file as
  required by Article 63.00905(a)(2) [63.009(a)(3)] for a missing
  child described by Subsection (a), the local law enforcement agency
  shall indicate, in the manner specified in the rules, that the child
  is at a high risk of harm and include relevant information regarding
  any prior occasions on which the child was reported missing; and
               (2)  the local law enforcement agency that receives a
  report of a missing child described by Subsection (a)(3) shall:
                     (A)  escalate the response using all available
  resources; and
                     (B)  immediately, but not later than two hours
  after receiving the report, notify all law enforcement agencies
  within 100 miles, including agencies from other states, of the
  circumstances and high risk designation of the missing child.
         (c)  If, at the time the initial entry into the national
  crime information center missing person file is made, the local law
  enforcement agency has not determined that the requirements of this
  article apply to the report of the missing child, the information
  required by Subsection (b)(1) [(b)] must be added to the entry
  promptly after the agency investigating the report or the
  Department of Public Safety determines that the missing child is
  described by Subsection (a).
         SECTION 6.  Section 1701.253, Occupations Code, is amended
  by adding Subsection (q) to read as follows:
         (q)  As part of the minimum curriculum requirements, the
  commission shall establish a basic education and training program
  on missing children and missing persons, including instruction on
  the associated reporting requirements under Chapter 63, Code of
  Criminal Procedure. An officer shall complete the program not later
  than the second anniversary of the date the officer is licensed
  under this chapter unless the officer completes the program as part
  of the officer's basic training course.
         SECTION 7.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.2581 to read as follows:
         Sec. 1701.2581.  VOLUNTARY ADVANCED EDUCATION AND TRAINING
  PROGRAM ON MISSING CHILDREN AND MISSING PERSONS. The commission
  shall make available to each officer a voluntary advanced education
  and training program on missing children and missing persons. The
  program must include instruction on the associated reporting
  requirements under Chapter 63, Code of Criminal Procedure.
         SECTION 8.  The following provisions of the Code of Criminal
  Procedure are repealed:
               (1)  Articles 63.009(a-1), (a-2), and (g); and
               (2)  Article 63.0092.
         SECTION 9.  The changes in law made by this Act to Chapter
  63, Code of Criminal Procedure, apply only to the report of a
  missing child or missing person that is made to a law enforcement
  agency on or after the effective date of this Act. The report of a
  missing child or missing person that is made to a law enforcement
  agency before the effective date of this Act is governed by the law
  in effect when the report was made, and the former law is continued
  in effect for that purpose.
         SECTION 10.  Section 1701.253(q), Occupations Code, as added
  by this Act, applies only to a person who submits an application for
  a peace officer license under Chapter 1701, Occupations Code, on or
  after January 1, 2025. A person who submits an application for a
  peace officer license under Chapter 1701, Occupations Code, before
  January 1, 2025, is governed by the law in effect immediately before
  the effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 11.  Not later than December 1, 2024, the Texas
  Commission on Law Enforcement shall:
               (1)  establish the training programs required by
  Sections 1701.253(q) and 1701.2581, Occupations Code, as added by
  this Act; and
               (2)  adopt the rules necessary to implement Sections
  1701.253(q) and 1701.2581, Occupations Code, as added by this Act.
         SECTION 12.  This Act takes effect September 1, 2023.
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