Texas 2023 - 88th Regular

Texas House Bill HB2660 Compare Versions

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1	1	H.B. No. 2660
2	2
3	3
4	4	AN ACT
5	5	relating to duties and procedures and to training programs for law
6	6	enforcement agencies regarding missing children and missing
7	7	persons.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as Tim's Law.
10	10	SECTION 2. Article 2.13(c), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(c) It is the duty of every officer to take possession of a
13	13	child under Article 63.00905(g) [63.009(g)].
14	14	SECTION 3. The heading to Article 63.009, Code of Criminal
15	15	Procedure, is amended to read as follows:
16	16	Art. 63.009. LAW ENFORCEMENT REQUIREMENTS GENERALLY.
17	17	SECTION 4. Articles 63.009(a), (d), and (f), Code of
18	18	Criminal Procedure, are amended to read as follows:
19	19	(a) A law enforcement agency, on receiving a report of a
20	20	[missing child or] missing person, shall:
21	21	(1) [if the subject of the report is a child and the
22	22	child is at a high risk of harm or is otherwise in danger or] if the
23	23	subject of the report is a person who is known by the agency to have
24	24	or is reported to have chronic dementia, including Alzheimer's
25	25	dementia, whether caused by illness, brain defect, or brain injury,
26	26	immediately start an investigation in order to determine the
27	27	present location of the [child or] person;
28	28	(2) if the subject of the report is a [child or] person
29	29	other than a [child or] person described by Subdivision (1), start
30	30	an investigation with due diligence in order to determine the
31	31	present location of the [child or] person;
32	32	(3) immediately, but not later than two hours after
33	33	receiving the report, enter the name of the [child or] person into
34	34	the clearinghouse and the national crime information center missing
35	35	person file if the [child or] person meets the center's criteria,
36	36	and report that name to the Alzheimer's Association Safe Return
37	37	emergency response center if applicable, with all available
38	38	identifying features such as dental records, fingerprints, other
39	39	physical characteristics, and a description of the clothing worn
40	40	when last seen, and all available information describing any person
41	41	reasonably believed to have taken or retained the [missing child
42	42	or] missing person;
43	43	(4) not later than 48 hours after receiving the
44	44	report, electronically submit to each municipal or county law
45	45	enforcement agency within 200 miles the report and any information
46	46	that may help determine the present location of the person;
47	47	(5) not later than the 60th day after the date the
48	48	agency receives the report, enter the name of the [child or] person
49	49	into the National Missing and Unidentified Persons System, with all
50	50	available identifying features such as dental records,
51	51	fingerprints, other physical characteristics, and a description of
52	52	the clothing worn when last seen, and all available information
53	53	describing any person reasonably believed to have taken or retained
54	54	the [missing child or] missing person; and
55	55	(6) [(5)] inform the person who filed the report of
56	56	the [missing child or] missing person that the information will be:
57	57	(A) entered into the clearinghouse, the national
58	58	crime information center missing person file, and the National
59	59	Missing and Unidentified Persons System; [and]
60	60	(B) reported to the Alzheimer's Association Safe
61	61	Return emergency response center if applicable; and
62	62	(C) submitted to each municipal or county law
63	63	enforcement agency within 200 miles.
64	64	(d) If a local law enforcement agency investigating a report
65	65	of a [missing child or] missing person obtains a warrant for the
66	66	arrest of a person for taking or retaining the [missing child or]
67	67	missing person, the local law enforcement agency shall immediately
68	68	enter the name and other descriptive information of the person into
69	69	the national crime information center wanted person file if the
70	70	person meets the center's criteria. The local law enforcement
71	71	agency shall also enter all available identifying features,
72	72	including dental records, fingerprints, and other physical
73	73	characteristics of the [missing child or] missing person. The
74	74	information shall be cross-referenced with the information in the
75	75	national crime information center missing person file.
76	76	(f) Immediately after the return of a [missing child or]
77	77	missing person or the identification of an unidentified body, the
78	78	local law enforcement agency having jurisdiction of the
79	79	investigation shall:
80	80	(1) clear the entry in the national crime information
81	81	center database; and
82	82	(2) notify the National Missing and Unidentified
83	83	Persons System.
84	84	SECTION 5. Subchapter A, Chapter 63, Code of Criminal
85	85	Procedure, is amended by adding Article 63.00905 to read as
86	86	follows:
87	87	Art. 63.00905. LAW ENFORCEMENT REQUIREMENTS FOR REPORT OF
88	88	MISSING CHILD. (a) Regardless of the jurisdiction in which the
89	89	child went missing, a law enforcement agency, on receiving a report
90	90	of a missing child, shall:
91	91	(1) immediately start an investigation in order to
92	92	determine the present location of the child;
93	93	(2) immediately, but not later than two hours after
94	94	receiving the report, enter the name of the child into the
95	95	clearinghouse and the national crime information center missing
96	96	person file if the child meets the center's criteria, with all
97	97	available identifying features such as dental records,
98	98	fingerprints, other physical characteristics, and a description of
99	99	the clothing worn when last seen, and all available information
100	100	describing any person reasonably believed to have taken or retained
101	101	the missing child;
102	102	(3) immediately, but not later than two hours after
103	103	the agency receives the report, enter the applicable information
104	104	into the Texas Law Enforcement Telecommunications System or a
105	105	successor system of telecommunication used by law enforcement
106	106	agencies and operated by the Department of Public Safety;
107	107	(4) not later than 48 hours after receiving the
108	108	report, electronically submit to each municipal or county law
109	109	enforcement agency within 200 miles the report and any information
110	110	that may help determine the present location of the child;
111	111	(5) not later than the 30th day after the date the
112	112	agency receives the report, enter the name of the child into the
113	113	National Missing and Unidentified Persons System, with all
114	114	available identifying features such as dental records,
115	115	fingerprints, other physical characteristics, and a description of
116	116	the clothing worn when last seen, and all available information
117	117	describing any person reasonably believed to have taken or retained
118	118	the missing child; and
119	119	(6) inform the person who filed the report of the
120	120	missing child that the information will be:
121	121	(A) entered into the clearinghouse, the national
122	122	crime information center missing person file, and the National
123	123	Missing and Unidentified Persons System; and
124	124	(B) submitted to each municipal or county law
125	125	enforcement agency within 200 miles.
126	126	(b) A local law enforcement agency, on receiving a report of
127	127	a child missing under the circumstances described by Article
128	128	63.001(3)(D) for a period of not less than 48 hours, shall
129	129	immediately make a reasonable effort to locate the child and
130	130	determine the well-being of the child. On determining the location
131	131	of the child, if the agency has reason to believe that the child is a
132	132	victim of abuse or neglect as defined by Section 261.001, Family
133	133	Code, the agency:
134	134	(1) shall notify the Department of Family and
135	135	Protective Services; and
136	136	(2) may take possession of the child under Subchapter
137	137	B, Chapter 262, Family Code.
138	138	(c) The Department of Family and Protective Services, on
139	139	receiving notice under Subsection (b), may initiate an
140	140	investigation into the allegation of abuse or neglect under Section
141	141	261.301, Family Code, and take possession of the child under
142	142	Chapter 262, Family Code.
143	143	(d) Information not immediately available when the original
144	144	entry is made shall be entered into the clearinghouse, the national
145	145	crime information center file, and the National Missing and
146	146	Unidentified Persons System as a supplement to the original entry
147	147	as soon as possible.
148	148	(e) If a local law enforcement agency investigating a report
149	149	of a missing child obtains a warrant for the arrest of a person for
150	150	taking or retaining the missing child, the local law enforcement
151	151	agency shall immediately enter the name and other descriptive
152	152	information of the person into the national crime information
153	153	center wanted person file if the person meets the center's
154	154	criteria. The local law enforcement agency shall also enter all
155	155	available identifying features, including dental records,
156	156	fingerprints, and other physical characteristics of the missing
157	157	child. The information shall be cross-referenced with the
158	158	information in the national crime information center missing person
159	159	file.
160	160	(f) Immediately after the return of a missing child, the
161	161	local law enforcement agency having jurisdiction of the
162	162	investigation shall:
163	163	(1) clear the entry in the national crime information
164	164	center database; and
165	165	(2) notify the National Missing and Unidentified
166	166	Persons System.
167	167	(g) On determining the location of a child, other than a
168	168	child who is subject to the continuing jurisdiction of a district
169	169	court, an officer shall take possession of the child and shall
170	170	deliver or arrange for the delivery of the child to a person
171	171	entitled to possession of the child. If the person entitled to
172	172	possession of the child is not immediately available, the law
173	173	enforcement officer shall deliver the child to the Department of
174	174	Family and Protective Services.
175	175	SECTION 6. Article 63.0091, Code of Criminal Procedure, is
176	176	amended to read as follows:
177	177	Art. 63.0091. LAW ENFORCEMENT REQUIREMENTS REGARDING
178	178	REPORTS OF CERTAIN MISSING CHILDREN. (a) The public safety
179	179	director of the Department of Public Safety shall adopt rules
180	180	regarding the procedures for a local law enforcement agency on
181	181	receiving a report of a missing child who:
182	182	(1) had been reported missing on four or more
183	183	occasions in the 24-month period preceding the date of the current
184	184	report;
185	185	(2) is in foster care or in the conservatorship of the
186	186	Department of Family and Protective Services and had been reported
187	187	missing on two or more occasions in the 24-month period preceding
188	188	the date of the current report; or
189	189	(3) is [under 14 years of age and otherwise determined
190	190	by the local law enforcement agency or the Department of Public
191	191	Safety to be] at a high risk of human trafficking, sexual assault,
192	192	exploitation, abuse, or neglectful supervision for any reason the
193	193	agency considers to be high risk, including because the missing
194	194	child:
195	195	(A) disappeared while in a dangerous
196	196	environment;
197	197	(B) has mental or behavioral health needs;
198	198	(C) previously exhibited signs of mental
199	199	illness;
200	200	(D) has an intellectual or developmental
201	201	disability; or
202	202	(E) is known to have been last seen or in
203	203	communication with an adult unknown to the child's family or legal
204	204	guardian.
205	205	(b) The rules adopted under this article must require that:
206	206	(1) in entering information regarding the report into
207	207	the national crime information center missing person file as
208	208	required by Article 63.00905(a)(2) [63.009(a)(3)] for a missing
209	209	child described by Subsection (a), the local law enforcement agency
210	210	shall indicate, in the manner specified in the rules, that the child
211	211	is at a high risk of harm and include relevant information
212	212	regarding:
213	213	(A) any prior occasions on which the child was
214	214	reported missing; and
215	215	(B) the circumstances considered when
216	216	designating the child as high risk; and
217	217	(2) the local law enforcement agency that receives a
218	218	report of a missing child described by Subsection (a)(3) shall:
219	219	(A) reasonably escalate the response; and
220	220	(B) immediately, but not later than two hours
221	221	after receiving the report, notify all law enforcement agencies
222	222	within 100 miles, including agencies from other states, of the
223	223	circumstances and high risk designation of the missing child.
224	224	(c) If, at the time the initial entry into the national
225	225	crime information center missing person file is made, the local law
226	226	enforcement agency has not determined that the requirements of this
227	227	article apply to the report of the missing child, the information
228	228	required by Subsection (b)(1) [(b)] must be added to the entry
229	229	promptly after the agency investigating the report or the
230	230	Department of Public Safety determines that the missing child is
231	231	described by Subsection (a).
232	232	SECTION 7. Section 1701.253, Occupations Code, is amended
233	233	by adding Subsection (q) to read as follows:
234	234	(q) As part of the minimum curriculum requirements, the
235	235	commission shall establish a basic education and training program
236	236	on missing children and missing persons, including instruction on
237	237	the associated reporting requirements under Chapter 63, Code of
238	238	Criminal Procedure. An officer shall complete the program not
239	239	later than the second anniversary of the date the officer is
240	240	licensed under this chapter unless the officer completes the
241	241	program as part of the officer's basic training course.
242	242	SECTION 8. Subchapter F, Chapter 1701, Occupations Code, is
243	243	amended by adding Section 1701.2581 to read as follows:
244	244	Sec. 1701.2581. VOLUNTARY ADVANCED EDUCATION AND TRAINING
245	245	PROGRAM ON MISSING CHILDREN AND MISSING PERSONS. The commission
246	246	shall make available to each officer a voluntary advanced education
247	247	and training program on missing children and missing persons. The
248	248	program must include instruction on the associated reporting
249	249	requirements under Chapter 63, Code of Criminal Procedure.
250	250	SECTION 9. The following provisions of the Code of Criminal
251	251	Procedure are repealed:
252	252	(1) Articles 63.009(a-1), (a-2), and (g); and
253	253	(2) Article 63.0092.
254	254	SECTION 10. The changes in law made by this Act to Chapter
255	255	63, Code of Criminal Procedure, apply only to the report of a
256	256	missing person or missing child that is made to a law enforcement
257	257	agency on or after the effective date of this Act. The report of a
258	258	missing person or missing child that is made to a law enforcement
259	259	agency before the effective date of this Act is governed by the law
260	260	in effect when the report was made, and the former law is continued
261	261	in effect for that purpose.
262	262	SECTION 11. Section 1701.253(q), Occupations Code, as added
263	263	by this Act, applies only to a person who submits an application for
264	264	a peace officer license under Chapter 1701, Occupations Code, on or
265	265	after January 1, 2025. A person who submits an application for a
266	266	peace officer license under Chapter 1701, Occupations Code, before
267	267	January 1, 2025, is governed by the law in effect immediately before
268	268	the effective date of this Act, and the former law is continued in
269	269	effect for that purpose.
270	270	SECTION 12. Not later than December 1, 2024, the Texas
271	271	Commission on Law Enforcement shall:
272	272	(1) establish the training programs required by
273	273	Sections 1701.253(q) and 1701.2581, Occupations Code, as added by
274	274	this Act; and
275	275	(2) adopt the rules necessary to implement Sections
276	276	1701.253(q) and 1701.2581, Occupations Code, as added by this Act.
277	277	SECTION 13. This Act takes effect September 1, 2023.
278	278	______________________________ ______________________________
279	279	President of the Senate Speaker of the House
280	280	I certify that H.B. No. 2660 was passed by the House on May 2,
281	281	2023, by the following vote: Yeas 143, Nays 1, 3 present, not
282	282	voting; and that the House concurred in Senate amendments to H.B.
283	283	No. 2660 on May 25, 2023, by the following vote: Yeas 142, Nays 0,
284	284	2 present, not voting.
285	285	______________________________
286	286	Chief Clerk of the House
287	287	I certify that H.B. No. 2660 was passed by the Senate, with
288	288	amendments, on May 18, 2023, by the following vote: Yeas 30, Nays
289	289	1.
290	290	______________________________
291	291	Secretary of the Senate
292	292	APPROVED: __________________
293	293	Date
294	294	__________________
295	295	Governor