| 1 | 1 | | 81R10224 HLT-F |
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| 2 | 2 | | By: Flores H.B. No. 4534 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the criteria for determining whether a person is a |
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| 8 | 8 | | missing child or a missing person. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 63.001(4), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (4) "Missing child" or "missing person" also includes |
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| 13 | 13 | | a person of any age who is missing and: |
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| 14 | 14 | | (A) is under proven physical or mental disability |
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| 15 | 15 | | or is senile, and because of one or more of these conditions is |
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| 16 | 16 | | subject to immediate danger or is a danger to others; |
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| 17 | 17 | | (B) is in the company of another person or is in a |
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| 18 | 18 | | situation the circumstances of which indicate that the missing |
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| 19 | 19 | | child's or missing person's safety is in doubt; [or] |
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| 20 | 20 | | (C) is unemancipated as defined by the law of |
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| 21 | 21 | | this state; or |
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| 22 | 22 | | (D) whose whereabouts or safety cannot be |
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| 23 | 23 | | confirmed or ascertained by the reporter or by a law enforcement |
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| 24 | 24 | | agency after reasonable inquiries or investigation. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to the report of a missing child or a missing person made under |
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| 27 | 27 | | Chapter 63, Code of Criminal Procedure, as amended by this Act, on |
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| 28 | 28 | | or after the effective date of this Act. The report of a missing |
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| 29 | 29 | | child or a missing person made before the effective date of this Act |
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| 30 | 30 | | is governed by the law in effect when the report was made, and the |
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| 31 | 31 | | former law is continued in effect for that purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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