Texas 2009 - 81st Regular

Texas House Bill HB3385 Compare Versions

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Old	New	Differences
1	1	H.B. No. 3385
2	2
3	3
4	4	AN ACT
5	5	relating to the activation of the statewide alert system for
6	6	abducted children.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 411.355(a), Government Code, is amended
9	9	to read as follows:
10	10	(a) On the request of a local law enforcement agency, the
11	11	department shall activate the alert system and notify appropriate
12	12	participants in the alert system, as established by rule, if:
13	13	(1) the local law enforcement agency believes that a
14	14	child has been abducted, including a child who:
15	15	(A) is younger than 14 years of age; and
16	16	(B) regardless of whether the child departed
17	17	willingly with the other person, has been taken from the care and
18	18	custody of the child's parent or legal guardian without the
19	19	permission of the parent or legal guardian by another person who is:
20	20	(i) more than three years older than the
21	21	child; and
22	22	(ii) not related to the child by any degree
23	23	of consanguinity or affinity as defined under Subchapter B, Chapter
24	24	573, Government Code;
25	25	(2) the local law enforcement agency believes that the
26	26	abducted child is in immediate danger of serious bodily injury or
27	27	death or of becoming the victim of a sexual assault;
28	28	(3) the local law enforcement agency confirms that a
29	29	preliminary [an] investigation has taken place that verifies the
30	30	abduction and eliminates alternative explanations for the child's
31	31	disappearance; and
32	32	(4) sufficient information is available to
33	33	disseminate to the public that could assist in locating the child, a
34	34	person suspected of abducting the child, or a vehicle suspected of
35	35	being used in the abduction.
36	36	SECTION 2. The change in law made by this Act applies only
37	37	to a request for the activation of the statewide alert system for
38	38	abducted children under Section 411.355, Government Code, as
39	39	amended by this Act, that is made on or after the effective date of
40	40	this Act. A request for the activation of the statewide alert
41	41	system for abducted children that is made before the effective date
42	42	of this Act is governed by the law in effect when the request was
43	43	made, and that law is continued in effect for that purpose.
44	44	SECTION 3. This Act takes effect immediately if it receives
45	45	a vote of two-thirds of all the members elected to each house, as
46	46	provided by Section 39, Article III, Texas Constitution. If this
47	47	Act does not receive the vote necessary for immediate effect, this
48	48	Act takes effect September 1, 2009.
49	49	______________________________ ______________________________
50	50	President of the Senate Speaker of the House
51	51	I certify that H.B. No. 3385 was passed by the House on April
52	52	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
53	53	voting.
54	54	______________________________
55	55	Chief Clerk of the House
56	56	I certify that H.B. No. 3385 was passed by the Senate on May
57	57	27, 2009, by the following vote: Yeas 31, Nays 0.
58	58	______________________________
59	59	Secretary of the Senate
60	60	APPROVED: _____________________
61	61	Date
62	62	_____________________
63	63	Governor