83R3345 MAW-F
By: Frullo H.B. No. 1677
A BILL TO BE ENTITLED
AN ACT
relating to reports of missing children 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 Subdivision (1) 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.
SECTION 2. 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;
(7) receive and maintain information on attempted
child abductions in this state;
(8) provide for the exchange of information regarding
attempted child abductions between the clearinghouse and the
National Center for Missing and Exploited Children or other similar
national nonprofit organization; and
(9) provide information regarding attempted child
abductions to local law enforcement agencies to assist in locating
or identifying other missing children.
SECTION 3. Article 63.004, Code of Criminal Procedure, is
amended to read as follows:
Art. 63.004. REPORT FORMS. (a) The Department of Public
Safety shall distribute [missing children and missing person
report] forms to report:
(1) a missing child;
(2) a missing person; or
(3) an attempted child abduction.
(b) A [missing child or missing person] report may be made
to a law enforcement officer authorized by that department to
receive reports in person or by telephone or other indirect method
of communication and the officer may enter the information on the
form for the reporting person. A report form may also be completed
by the reporting person and delivered to a law enforcement officer.
SECTION 4. Article 63.009, Code of Criminal Procedure, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) In entering information regarding a report of a
missing child into the national crime information center missing
person file as required by Subsection (a)(3), the local law
enforcement agency shall indicate in the entry that the missing
child is in danger if:
(1) the child had been reported missing on four or more
occasions in the 24-month period preceding the date of the current
report; or
(2) the child 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.
(a-2) A local law enforcement agency, on receiving a report
of an attempted child abduction, shall immediately, but not later
than two hours after receiving the report, provide any relevant
information regarding the attempted child abduction to the
clearinghouse and the National Center for Missing and Exploited
Children or other similar national nonprofit organization.
SECTION 5. 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 the agency has jurisdiction to investigate.
SECTION 6. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0133 to read as follows:
Sec. 411.0133. MISSING OR EXPLOITED CHILDREN. (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 provide to state and local law enforcement agencies,
parents or other legal custodians, and children on a nationwide
basis resources and information regarding missing or exploited
children.
(c) The department may contract with a nonprofit
organization described by Subsection (b) to provide services 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.
SECTION 7. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.260 to read as follows:
Sec. 1701.260. EDUCATION AND TRAINING PROGRAM ON MISSING OR
EXPLOITED CHILDREN. The commission by rule shall require an
officer first licensed by the commission on or after January 1,
2015, to complete within a reasonable time after obtaining the
license a one-time education and training program on missing or
exploited children. 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 8. 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 the education and
training program on missing or exploited children described by
Section 1701.260.
SECTION 9. Article 63.001(5), Code of Criminal Procedure,
is repealed.
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 Section 1701.260, 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 63.009(a-1), 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 Article
63.009(a-2), 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.