85R8247 LHC-D
By: Rose H.B. No. 3619
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a countywide alert system for missing
adults.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. ALERT FOR MISSING ADULTS
Sec. 411.441. DEFINITIONS. In this subchapter:
(1) "Adult" means a person who is 18 years of age or
older.
(2) "Alert" means the countywide alert for missing
adults that is developed and implemented under this subchapter.
(3) "Local law enforcement agency" means a local law
enforcement agency with jurisdiction over the investigation of a
missing adult.
(4) "Serious bodily injury" has the meaning assigned
by Section 1.07, Penal Code.
Sec. 411.442. ALERT FOR MISSING ADULTS. With the
cooperation of the office of the governor and other appropriate law
enforcement agencies in this state, the department shall develop
and implement an alert to be activated in a county in which an adult
is missing.
Sec. 411.443. ADMINISTRATION. (a) The director is the
statewide coordinator of the alert.
(b) The director shall adopt rules and issue directives as
necessary to ensure proper implementation of the alert. The rules
and directives must include:
(1) the procedures to be used by a local law
enforcement agency to verify whether an adult is:
(A) missing; and
(B) in imminent danger of serious bodily injury
or death;
(2) a description of the circumstances under which a
local law enforcement agency is required to report a missing adult
to the department; and
(3) the procedures to be used by an individual or
entity to report information about a missing adult to designated
media outlets in Texas.
(c) The director shall prescribe forms for use by local law
enforcement agencies in requesting activation of the alert system
in a county.
Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The
department shall recruit local television and radio broadcasters,
private commercial entities, state or local governmental entities,
the public, and other appropriate persons to assist in developing
and implementing the alert system.
Sec. 411.445. STATE AGENCIES. A state agency participating
in the alert system shall:
(1) cooperate with the department and assist in
developing and implementing the alert system; and
(2) establish a plan for providing relevant
information to applicable state officers, investigators, or
employees once the alert system has been activated.
Sec. 411.446. NOTIFICATION TO DEPARTMENT OF MISSING ADULT.
(a) A local law enforcement agency shall notify the department if
the agency:
(1) receives notice of a missing adult;
(2) verifies that at the time the adult is reported
missing:
(A) the person reported missing is 18 years of
age or older;
(B) the adult's location is unknown; and
(C) the adult has been missing for less than 72
hours;
(3) confirms that a preliminary investigation has
taken place with respect to the disappearance and that, as a result
of that investigation, the agency believes that the missing adult
is in imminent danger of serious bodily injury or death; and
(4) believes sufficient information is available to
disseminate to the public that could assist in locating the adult, a
person suspected of abducting the adult, or a vehicle suspected of
being used by the adult or in any abduction of the adult.
(b) The department may modify the criteria described by
Subsection (a) as necessary for the proper implementation of the
alert system.
Sec. 411.447. ACTIVATION OF ALERT. (a) When a local law
enforcement agency notifies the department under Section 411.446,
the department shall confirm the accuracy of the information and,
if confirmed, immediately issue an alert under this subchapter in
accordance with department rules.
(b) In issuing the alert, the department shall send the
alert to designated media outlets in the county in which the adult
is missing. Following receipt of the alert, participating radio
stations and television stations and other participating media
outlets may issue the alert at designated intervals to assist in
locating the missing adult.
(c) The department shall also send the alert to:
(1) any appropriate local law enforcement agency; and
(2) a state agency described by Section 411.445.
Sec. 411.448. CONTENT OF ALERT. The alert must include:
(1) all appropriate information that is provided by
the local law enforcement agency under Section 411.446 and that may
lead to the safe recovery of the missing adult; and
(2) a statement instructing any person with
information related to the missing adult to contact a local law
enforcement agency.
Sec. 411.449. TERMINATION OF ALERT. (a) The director shall
terminate any activation of the alert with respect to a particular
missing adult not later than the earlier of the date on which:
(1) the missing adult is located or the situation is
otherwise resolved; or
(2) the notification period ends, as determined by
department rule.
(b) A local law enforcement agency that locates a missing
adult who is the subject of an alert under this subchapter shall
notify the department as soon as possible that the missing adult has
been located.
SECTION 2. This Act takes effect September 1, 2017.