Texas 2017 - 85th Regular

Texas House Bill HB3619 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R8247 LHC-D
2	2	By: Rose H.B. No. 3619
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a countywide alert system for missing
8	8	adults.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 411, Government Code, is amended by
11	11	adding Subchapter P to read as follows:
12	12	SUBCHAPTER P. ALERT FOR MISSING ADULTS
13	13	Sec. 411.441. DEFINITIONS. In this subchapter:
14	14	(1) "Adult" means a person who is 18 years of age or
15	15	older.
16	16	(2) "Alert" means the countywide alert for missing
17	17	adults that is developed and implemented under this subchapter.
18	18	(3) "Local law enforcement agency" means a local law
19	19	enforcement agency with jurisdiction over the investigation of a
20	20	missing adult.
21	21	(4) "Serious bodily injury" has the meaning assigned
22	22	by Section 1.07, Penal Code.
23	23	Sec. 411.442. ALERT FOR MISSING ADULTS. With the
24	24	cooperation of the office of the governor and other appropriate law
25	25	enforcement agencies in this state, the department shall develop
26	26	and implement an alert to be activated in a county in which an adult
27	27	is missing.
28	28	Sec. 411.443. ADMINISTRATION. (a) The director is the
29	29	statewide coordinator of the alert.
30	30	(b) The director shall adopt rules and issue directives as
31	31	necessary to ensure proper implementation of the alert. The rules
32	32	and directives must include:
33	33	(1) the procedures to be used by a local law
34	34	enforcement agency to verify whether an adult is:
35	35	(A) missing; and
36	36	(B) in imminent danger of serious bodily injury
37	37	or death;
38	38	(2) a description of the circumstances under which a
39	39	local law enforcement agency is required to report a missing adult
40	40	to the department; and
41	41	(3) the procedures to be used by an individual or
42	42	entity to report information about a missing adult to designated
43	43	media outlets in Texas.
44	44	(c) The director shall prescribe forms for use by local law
45	45	enforcement agencies in requesting activation of the alert system
46	46	in a county.
47	47	Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The
48	48	department shall recruit local television and radio broadcasters,
49	49	private commercial entities, state or local governmental entities,
50	50	the public, and other appropriate persons to assist in developing
51	51	and implementing the alert system.
52	52	Sec. 411.445. STATE AGENCIES. A state agency participating
53	53	in the alert system shall:
54	54	(1) cooperate with the department and assist in
55	55	developing and implementing the alert system; and
56	56	(2) establish a plan for providing relevant
57	57	information to applicable state officers, investigators, or
58	58	employees once the alert system has been activated.
59	59	Sec. 411.446. NOTIFICATION TO DEPARTMENT OF MISSING ADULT.
60	60	(a) A local law enforcement agency shall notify the department if
61	61	the agency:
62	62	(1) receives notice of a missing adult;
63	63	(2) verifies that at the time the adult is reported
64	64	missing:
65	65	(A) the person reported missing is 18 years of
66	66	age or older;
67	67	(B) the adult's location is unknown; and
68	68	(C) the adult has been missing for less than 72
69	69	hours;
70	70	(3) confirms that a preliminary investigation has
71	71	taken place with respect to the disappearance and that, as a result
72	72	of that investigation, the agency believes that the missing adult
73	73	is in imminent danger of serious bodily injury or death; and
74	74	(4) believes sufficient information is available to
75	75	disseminate to the public that could assist in locating the adult, a
76	76	person suspected of abducting the adult, or a vehicle suspected of
77	77	being used by the adult or in any abduction of the adult.
78	78	(b) The department may modify the criteria described by
79	79	Subsection (a) as necessary for the proper implementation of the
80	80	alert system.
81	81	Sec. 411.447. ACTIVATION OF ALERT. (a) When a local law
82	82	enforcement agency notifies the department under Section 411.446,
83	83	the department shall confirm the accuracy of the information and,
84	84	if confirmed, immediately issue an alert under this subchapter in
85	85	accordance with department rules.
86	86	(b) In issuing the alert, the department shall send the
87	87	alert to designated media outlets in the county in which the adult
88	88	is missing. Following receipt of the alert, participating radio
89	89	stations and television stations and other participating media
90	90	outlets may issue the alert at designated intervals to assist in
91	91	locating the missing adult.
92	92	(c) The department shall also send the alert to:
93	93	(1) any appropriate local law enforcement agency; and
94	94	(2) a state agency described by Section 411.445.
95	95	Sec. 411.448. CONTENT OF ALERT. The alert must include:
96	96	(1) all appropriate information that is provided by
97	97	the local law enforcement agency under Section 411.446 and that may
98	98	lead to the safe recovery of the missing adult; and
99	99	(2) a statement instructing any person with
100	100	information related to the missing adult to contact a local law
101	101	enforcement agency.
102	102	Sec. 411.449. TERMINATION OF ALERT. (a) The director shall
103	103	terminate any activation of the alert with respect to a particular
104	104	missing adult not later than the earlier of the date on which:
105	105	(1) the missing adult is located or the situation is
106	106	otherwise resolved; or
107	107	(2) the notification period ends, as determined by
108	108	department rule.
109	109	(b) A local law enforcement agency that locates a missing
110	110	adult who is the subject of an alert under this subchapter shall
111	111	notify the department as soon as possible that the missing adult has
112	112	been located.
113	113	SECTION 2. This Act takes effect September 1, 2017.