By: Coleman, Isett (Senate Sponsor - Hegar) H.B. No. 3385
(In the Senate - Received from the House May 1, 2009;
May 6, 2009, read first time and referred to Committee on Criminal
Justice; May 22, 2009, reported favorably by the following vote:
Yeas 6, Nays 0; May 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the activation of the statewide alert system for
abducted children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.355(a), Government Code, is amended
to read as follows:
(a) On the request of a local law enforcement agency, the
department shall activate the alert system and notify appropriate
participants in the alert system, as established by 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 [an] 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.
SECTION 2. The change in law made by this Act applies only
to a request for the activation of the statewide alert system for
abducted children under Section 411.355, Government Code, as
amended by this Act, that is made on or after the effective date of
this Act. A request for the activation of the statewide alert
system for abducted children that is made before the effective date
of this Act is governed by the law in effect when the request was
made, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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