88R23090 MCF-F
By: Oliverson, Hull, Jones of Harris, et al. H.B. No. 2660
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a law enforcement agency regarding
missing children and missing persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Tim's Law.
SECTION 2. Article 63.009(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A law enforcement agency, on receiving a report of a
missing child or missing person, shall:
(1) if the subject of the report is a child and the
child is at a high risk of harm or is otherwise in danger or if the
subject of the report is a person who is known by the agency to have
or is reported to have chronic dementia, including Alzheimer's
dementia, whether caused by illness, brain defect, or brain injury,
immediately start an investigation in order to determine the
present location of the child or person;
(2) if the subject of the report is a child or person
other than a child or person described by Subdivision (1), start an
investigation with due diligence in order to determine the present
location of the child or person;
(3) immediately, but not later than two hours after
receiving the report, enter the name of the child or person into the
clearinghouse and the national crime information center missing
person file if the child or person meets the center's criteria, and
report that name to the Alzheimer's Association Safe Return
emergency response center if applicable, with all available
identifying features such as dental records, fingerprints, other
physical characteristics, and a description of the clothing worn
when last seen, and all available information describing any person
reasonably believed to have taken or retained the missing child or
missing person;
(4) not later than 48 hours after receiving the
report, electronically submit to each municipal or county law
enforcement agency within 200 miles the report and any information
that may help determine the present location of the child or person;
(5) not later than the 60th day after the date the
agency receives the report, enter the name of the child or person
into the National Missing and Unidentified Persons System, with all
available identifying features such as dental records,
fingerprints, other physical characteristics, and a description of
the clothing worn when last seen, and all available information
describing any person reasonably believed to have taken or retained
the missing child or missing person; and
(6) [(5)] inform the person who filed the report of
the missing child or missing person that the information will be:
(A) entered into the clearinghouse, the national
crime information center missing person file, and the National
Missing and Unidentified Persons System; [and]
(B) reported to the Alzheimer's Association Safe
Return emergency response center if applicable; and
(C) submitted to each municipal or county law
enforcement agency within 200 miles.
SECTION 3. The change in law made by this Act applies only
to a report of a missing child or missing person that is made to a
law enforcement agency on or after the effective date of this Act. A
report of a missing child or missing person that is made to a law
enforcement agency before the effective date of this Act is
governed by the law in effect on the date the report was made, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.