Bill Text: TX SB742 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to reports of missing children, missing persons, or attempted child abductions and to education and training for peace officers regarding missing or exploited children.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB742 Detail]

Download: Texas-2013-SB742-Enrolled.html

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S.B. No. 742

AN ACT
relating to reports of missing children, missing persons, or
attempted child abductions and to education and training for peace
officers regarding missing or exploited children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 63.001, Code of Criminal Procedure, is
amended by amending Subdivisions (1) and (5) and adding Subdivision
(1-a) to read as follows:
(1) "Abduct" has the meaning assigned by Section
20.01, Penal Code.
(1-a) "Child" means a person under 18 years of age.
(5) "Missing child or missing person report" [or
"report"] means information that is:
(A) given to a law enforcement agency on a form
used for sending information to the national crime information
center; and
(B) about a child or missing person whose
whereabouts are unknown to the reporter and who is alleged in the
form by the reporter to be missing.
SECTION 2. Subchapter A, Chapter 63, Code of Criminal
Procedure, is amended by adding Article 63.0016 to read as follows:
Art. 63.0016. ATTEMPTED CHILD ABDUCTION BY RELATIVE. For
purposes of this chapter, "attempted child abduction" does not
include an attempted abduction in which the actor was a relative, as
defined by Section 20.01, Penal Code, of the person intended to be
abducted.
SECTION 3. Article 63.003, Code of Criminal Procedure, is
amended to read as follows:
Art. 63.003. FUNCTION OF CLEARINGHOUSE. (a) The
clearinghouse is a central repository of information on missing
children, [and] missing persons, and attempted child abductions.
(b) The clearinghouse shall:
(1) establish a system of intrastate communication of
information relating to missing children and missing persons;
(2) provide a centralized file for the exchange of
information on missing children, missing persons, and unidentified
dead bodies within the state;
(3) communicate with the national crime information
center for the exchange of information on missing children and
missing persons suspected of interstate travel;
(4) collect, process, maintain, and disseminate
accurate and complete information on missing children and missing
persons;
(5) provide a statewide toll-free telephone line for
the reporting of missing children and missing persons and for
receiving information on missing children and missing persons;
[and]
(6) provide and disseminate to legal custodians, law
enforcement agencies, and the Texas Education Agency information
that explains how to prevent child abduction and what to do if a
child becomes missing; and
(7) receive and maintain information on attempted
child abductions in this state.
SECTION 4. Subchapter A, Chapter 63, Code of Criminal
Procedure, is amended by adding Article 63.0041 to read as follows:
Art. 63.0041. REPORTING OF ATTEMPTED CHILD ABDUCTION. A
law enforcement officer or local law enforcement agency reporting
an attempted child abduction to the clearinghouse shall make the
report by use of 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.
SECTION 5. Article 63.009, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A local law enforcement agency, on receiving a report
of an attempted child abduction, shall immediately, but not later
than eight hours after receiving the report, provide any relevant
information regarding the attempted child abduction to the
clearinghouse.
SECTION 6. Subchapter A, Chapter 63, Code of Criminal
Procedure, is amended by adding Article 63.0091 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; or
(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.
(b) The rules adopted under this article must require that
in entering information regarding the report into the national
crime information center missing person file as required by Article
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 endangered and include
relevant information regarding the prior occasions on which the
child was reported missing.
(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) must be added to the entry promptly after
the agency investigating the report determines that the missing
child is described by Subsection (a).
SECTION 7. Article 63.013, Code of Criminal Procedure, is
amended to read as follows:
Art. 63.013. INFORMATION TO CLEARINGHOUSE. Each law
enforcement agency shall provide to the missing children and
missing persons information clearinghouse:
(1) any information that would assist in the location
or identification of any missing child who has been reported to the
agency as missing; and
(2) any information regarding an attempted child
abduction that has been reported to the agency or that the agency
has received from any person or another agency.
SECTION 8. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0133 to read as follows:
Sec. 411.0133. MISSING OR EXPLOITED CHILDREN PREVENTION
GRANTS. (a) In this section, "nonprofit organization" has the
meaning assigned by Section 403.351.
(b) This section applies to a nonprofit organization that is
formed to offer programs and provide information to parents or
other legal custodians, children, schools, public officials,
organizations serving youths, nonprofit organizations, and the
general public concerning child safety and Internet safety and the
prevention of child abductions and child sexual exploitation.
(c) The department may award a grant to a nonprofit
organization described by Subsection (b) that is operating in this
state to provide programs and information described by that
subsection to assist the department in the performance of the
department's duties related to missing or exploited children,
including any duty related to the missing children and missing
persons information clearinghouse under Chapter 63, Code of
Criminal Procedure.
(d) The department may adopt rules to implement this
section.
SECTION 9. Section 1701.402, Occupations Code, is amended
by adding Subsection (k) to read as follows:
(k) As a requirement for an intermediate or advanced
proficiency certificate issued by the commission on or after
January 1, 2015, an officer must complete an education and training
program on missing and exploited children. The commission by rule
shall establish the program. The program must:
(1) consist of at least four hours of training;
(2) include instruction on reporting an attempted
child abduction to the missing children and missing persons
information clearinghouse under Chapter 63, Code of Criminal
Procedure;
(3) include instruction on responding to and
investigating situations in which the Internet is used to commit
crimes against children; and
(4) include a review of the substance of Chapters 20
and 43, Penal Code.
SECTION 10. Not later than January 1, 2014:
(1) the Commission on Law Enforcement Officer
Standards and Education shall adopt the rules necessary to
implement Subsection (k), Section 1701.402, Occupations Code, as
added by this Act; and
(2) the Department of Public Safety of the State of
Texas and the public safety director of the department shall adopt
rules and forms necessary to implement Chapter 63, Code of Criminal
Procedure, as amended by this Act.
SECTION 11. (a) The change in law made by this Act in
adding Article 63.0091, Code of Criminal Procedure, applies to a
missing child report that is received by a law enforcement agency on
or after January 1, 2014.
(b) The change in law made by this Act in adding Subsection
(a-1), Article 63.009, Code of Criminal Procedure, and amending
Article 63.013, Code of Criminal Procedure, applies to an attempted
child abduction that is reported to a law enforcement agency on or
after January 1, 2014.
SECTION 12. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 742 passed the Senate on
April 4, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 20, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 742 passed the House, with
amendments, on May 15, 2013, by the following vote: Yeas 140,
Nays 1, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor