Texas 2021 - 87th Regular

Texas House Bill HB1419 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1419
	1	+	By: Hull, et al. (Senate Sponsor - Alvarado) H.B. No. 1419
	2	+	(In the Senate - Received from the House April 13, 2021;
	3	+	April 13, 2021, read first time and referred to Committee on
	4	+	Criminal Justice; May 6, 2021, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0; May 6, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the duties of a law enforcement agency regarding
6	12		missing children and missing persons and to the duties of a justice
7	13		of the peace or other investigator regarding unidentified bodies.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. This Act shall be known as John and Joseph's Law.
10	16		SECTION 2. Article 49.04, Code of Criminal Procedure, is
11	17		amended by adding Subsection (e) to read as follows:
12	18		(e) A justice of the peace investigating a death described
13	19		by Subsection (a)(3)(B), or the justice's designee, shall, not
14	20		later than the 10th working day after the date that one or more
15	21		identifying features of the unidentified body are determined or the
16	22		60th day after the date the investigation began, whichever is
17	23		earlier, enter all available identifying features of the
18	24		unidentified body (fingerprints, dental records, any unusual
19	25		physical characteristics, and a description of the clothing found
20	26		on the body) into the National Missing and Unidentified Persons
21	27		System.
22	28		SECTION 3. Section 7, Article 49.25, Code of Criminal
23	29		Procedure, is amended by adding Subsection (d) to read as follows:
24	30		(d) A person investigating a death described by Section
25	31		6(a)(3)(B), or the person's designee, shall, not later than the
26	32		10th working day after the date that one or more identifying
27	33		features of the unidentified body are determined or the 60th day
28	34		after the date the investigation began, whichever is earlier, enter
29	35		all available identifying features of the unidentified body
30	36		(fingerprints, dental records, any unusual physical
31	37		characteristics, and a description of the clothing found on the
32	38		body) into the National Missing and Unidentified Persons System.
33	39		SECTION 4. Articles 63.009(a), (b), and (f), Code of
34	40		Criminal Procedure, are amended to read as follows:
35	41		(a) A [Local] law enforcement agency [agencies], on
36	42		receiving a report of a missing child or [a] missing person, shall:
37	43		(1) if the subject of the report is a child and the
38	44		child is at a high risk of harm or is otherwise in danger or if the
39	45		subject of the report is a person who is known by the agency to have
40	46		or is reported to have chronic dementia, including Alzheimer's
41	47		dementia, whether caused by illness, brain defect, or brain injury,
42	48		immediately start an investigation in order to determine the
43	49		present location of the child or person;
44	50		(2) if the subject of the report is a child or person
45	51		other than a child or person described by Subdivision (1), start an
46	52		investigation with due diligence in order to determine the present
47	53		location of the child or person;
48	54		(3) immediately, but not later than two hours after
49	55		receiving the report, enter the name of the child or person into the
50	56		clearinghouse and[,] the national crime information center missing
51	57		person file if the child or person meets the center's criteria, and
52	58		report that name to the Alzheimer's Association Safe Return
53	59		emergency response center [crisis number,] if applicable, with all
54	60		available identifying features such as dental records,
55	61		fingerprints, other physical characteristics, and a description of
56	62		the clothing worn when last seen, and all available information
57	63		describing any person reasonably believed to have taken or retained
58	64		the missing child or missing person; [and]
59	65		(4) not later than the 60th day after the date the
60	66		agency receives the report, enter the name of the child or person
61	67		into the National Missing and Unidentified Persons System, with all
62	68		available identifying features such as dental records,
63	69		fingerprints, other physical characteristics, and a description of
64	70		the clothing worn when last seen, and all available information
65	71		describing any person reasonably believed to have taken or retained
66	72		the missing child or missing person; and
67	73		(5) inform the person who filed the report of the
68	74		missing child or missing person that the information will be:
69	75		(A) entered into the clearinghouse, the national
70	76		crime information center missing person file, and the National
71	77		Missing and Unidentified Persons System; and
72	78		(B) reported to the Alzheimer's Association Safe
73	79		Return emergency response center [crisis number,] if applicable.
74	80		(b) Information not immediately available when the original
75	81		entry is made shall be [obtained by the agency and] entered into the
76	82		clearinghouse, [and] the national crime information center file,
77	83		and the National Missing and Unidentified Persons System as a
78	84		supplement to the original entry as soon as possible.
79	85		(f) Immediately after the return of a missing child or
80	86		missing person or the identification of an unidentified body, the
81	87		local law enforcement agency having jurisdiction of the
82	88		investigation shall:
83	89		(1) clear [cancel] the entry in the national crime
84	90		information center database; and
85	91		(2) notify the National Missing and Unidentified
86	92		Persons System.
87	93		SECTION 5. (a) Articles 49.04 and 49.25, Code of Criminal
88	94		Procedure, as amended by this Act, apply only to the investigation
89	95		of a death of an unidentified person that commences on or after the
90	96		effective date of this Act. An investigation that commences before
91	97		the effective date of this Act is governed by the law in effect when
92	98		the investigation commenced, and the former law is continued in
93	99		effect for that purpose.
94	100		(b) Article 63.009, Code of Criminal Procedure, as amended
95	101		by this Act, applies only to the report of a missing child or
96	102		missing person that is made to a law enforcement agency on or after
97	103		the effective date of this Act. The report of a missing child or
98	104		missing person that is made to a law enforcement agency before the
99	105		effective date of this Act is governed by the law in effect when the
100	106		report was made, and the former law is continued in effect for that
101	107		purpose.
102	108		SECTION 6. This Act takes effect September 1, 2021.
103		-	______________________________ ______________________________
104		-	President of the Senate Speaker of the House
105		-	I certify that H.B. No. 1419 was passed by the House on April
106		-	13, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not
107		-	voting.
108		-	______________________________
109		-	Chief Clerk of the House
110		-	I certify that H.B. No. 1419 was passed by the Senate on May
111		-	19, 2021, by the following vote: Yeas 31, Nays 0.
112		-	______________________________
113		-	Secretary of the Senate
114		-	APPROVED: _____________________
115		-	Date
116		-	_____________________
117		-	Governor
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