Texas 2023 - 88th Regular

Texas House Bill HB4975 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11916 MCF-F
2	2	By: Klick H.B. No. 4975
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reporting procedures and training programs for law
8	8	enforcement agencies regarding missing children and missing
9	9	persons.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 2.13(c), Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	(c) It is the duty of every officer to take possession of a
14	14	child under Article 63.00905(g) [63.009(g)].
15	15	SECTION 2. The heading to Article 63.009, Code of Criminal
16	16	Procedure, is amended to read as follows:
17	17	Art. 63.009. LAW ENFORCEMENT REQUIREMENTS GENERALLY.
18	18	SECTION 3. Articles 63.009(a), (d), and (f), Code of
19	19	Criminal Procedure, are amended to read as follows:
20	20	(a) A law enforcement agency, on receiving a report of a
21	21	[missing child or] missing person, shall:
22	22	(1) [if the subject of the report is a child and the
23	23	child is at a high risk of harm or is otherwise in danger or] if the
24	24	subject of the report is a person who is known by the agency to have
25	25	or is reported to have chronic dementia, including Alzheimer's
26	26	dementia, whether caused by illness, brain defect, or brain injury,
27	27	immediately start an investigation in order to determine the
28	28	present location of the [child or] person;
29	29	(2) if the subject of the report is a [child or] person
30	30	other than a [child or] person described by Subdivision (1), start
31	31	an investigation with due diligence in order to determine the
32	32	present location of the [child or] person;
33	33	(3) immediately, but not later than two hours after
34	34	receiving the report, enter the name of the [child or] person into
35	35	the clearinghouse and the national crime information center missing
36	36	person file if the [child or] person meets the center's criteria,
37	37	and report that name to the Alzheimer's Association Safe Return
38	38	emergency response center if applicable, with all available
39	39	identifying features such as dental records, fingerprints, other
40	40	physical characteristics, and a description of the clothing worn
41	41	when last seen, and all available information describing any person
42	42	reasonably believed to have taken or retained the [missing child
43	43	or] missing person;
44	44	(4) not later than the 60th day after the date the
45	45	agency receives the report, enter the name of the [child or] person
46	46	into the National Missing and Unidentified Persons System, with all
47	47	available identifying features such as dental records,
48	48	fingerprints, other physical characteristics, and a description of
49	49	the clothing worn when last seen, and all available information
50	50	describing any person reasonably believed to have taken or retained
51	51	the [missing child or] missing person; and
52	52	(5) inform the person who filed the report of the
53	53	[missing child or] missing person that the information will be:
54	54	(A) entered into the clearinghouse, the national
55	55	crime information center missing person file, and the National
56	56	Missing and Unidentified Persons System; and
57	57	(B) reported to the Alzheimer's Association Safe
58	58	Return emergency response center if applicable.
59	59	(d) If a local law enforcement agency investigating a report
60	60	of a [missing child or] missing person obtains a warrant for the
61	61	arrest of a person for taking or retaining the [missing child or]
62	62	missing person, the local law enforcement agency shall immediately
63	63	enter the name and other descriptive information of the person into
64	64	the national crime information center wanted person file if the
65	65	person meets the center's criteria. The local law enforcement
66	66	agency shall also enter all available identifying features,
67	67	including dental records, fingerprints, and other physical
68	68	characteristics of the [missing child or] missing person. The
69	69	information shall be cross-referenced with the information in the
70	70	national crime information center missing person file.
71	71	(f) Immediately after the return of a [missing child or]
72	72	missing person or the identification of an unidentified body, the
73	73	local law enforcement agency having jurisdiction of the
74	74	investigation shall:
75	75	(1) clear the entry in the national crime information
76	76	center database; and
77	77	(2) notify the National Missing and Unidentified
78	78	Persons System.
79	79	SECTION 4. Subchapter A, Chapter 63, Code of Criminal
80	80	Procedure, is amended by adding Article 63.00905 to read as
81	81	follows:
82	82	Art. 63.00905. LAW ENFORCEMENT REQUIREMENTS FOR REPORT OF
83	83	MISSING CHILD. (a) A law enforcement agency, on receiving a report
84	84	of a missing child, shall:
85	85	(1) immediately start an investigation in order to
86	86	determine the present location of the child;
87	87	(2) immediately, but not later than two hours after
88	88	receiving the report, enter the name of the child into the
89	89	clearinghouse, the National Missing and Unidentified Persons
90	90	System, and the national crime information center missing person
91	91	file if the child meets the center's criteria, with all available
92	92	identifying features such as dental records, fingerprints, other
93	93	physical characteristics, and a description of the clothing worn
94	94	when last seen, and all available information describing any person
95	95	reasonably believed to have taken or retained the missing child;
96	96	(3) immediately, but not later than two hours after
97	97	the agency receives the report, enter the applicable information
98	98	into the Texas Law Enforcement Telecommunications System or a
99	99	successor system of telecommunication used by law enforcement
100	100	agencies and operated by the Department of Public Safety; and
101	101	(4) inform the person who filed the report of the
102	102	missing child that the information will be entered into the
103	103	clearinghouse, the national crime information center missing
104	104	person file, and the National Missing and Unidentified Persons
105	105	System.
106	106	(b) A local law enforcement agency, on receiving a report of
107	107	a child missing under the circumstances described by Article
108	108	63.001(3)(D) for a period of not less than 48 hours, shall
109	109	immediately make a reasonable effort to locate the child and
110	110	determine the well-being of the child. On determining the location
111	111	of the child, if the agency has reason to believe that the child is a
112	112	victim of abuse or neglect as defined by Section 261.001, Family
113	113	Code, the agency:
114	114	(1) shall notify the Department of Family and
115	115	Protective Services; and
116	116	(2) may take possession of the child under Subchapter
117	117	B, Chapter 262, Family Code.
118	118	(c) The Department of Family and Protective Services, on
119	119	receiving notice under Subsection (b), may initiate an
120	120	investigation into the allegation of abuse or neglect under Section
121	121	261.301, Family Code, and take possession of the child under
122	122	Chapter 262, Family Code.
123	123	(d) Information not immediately available when the original
124	124	entry is made shall be entered into the clearinghouse, the national
125	125	crime information center file, and the National Missing and
126	126	Unidentified Persons System as a supplement to the original entry
127	127	as soon as possible.
128	128	(e) If a local law enforcement agency investigating a report
129	129	of a missing child obtains a warrant for the arrest of a person for
130	130	taking or retaining the missing child, the local law enforcement
131	131	agency shall immediately enter the name and other descriptive
132	132	information of the person into the national crime information
133	133	center wanted person file if the person meets the center's
134	134	criteria. The local law enforcement agency shall also enter all
135	135	available identifying features, including dental records,
136	136	fingerprints, and other physical characteristics of the missing
137	137	child. The information shall be cross-referenced with the
138	138	information in the national crime information center missing person
139	139	file.
140	140	(f) Immediately after the return of a missing child, the
141	141	local law enforcement agency having jurisdiction of the
142	142	investigation shall:
143	143	(1) clear the entry in the national crime information
144	144	center database; and
145	145	(2) notify the National Missing and Unidentified
146	146	Persons System.
147	147	(g) On determining the location of a child, other than a
148	148	child who is subject to the continuing jurisdiction of a district
149	149	court, an officer shall take possession of the child and shall
150	150	deliver or arrange for the delivery of the child to a person
151	151	entitled to possession of the child. If the person entitled to
152	152	possession of the child is not immediately available, the law
153	153	enforcement officer shall deliver the child to the Department of
154	154	Family and Protective Services.
155	155	SECTION 5. Article 63.0091, Code of Criminal Procedure, is
156	156	amended to read as follows:
157	157	Art. 63.0091. LAW ENFORCEMENT REQUIREMENTS REGARDING
158	158	REPORTS OF CERTAIN MISSING CHILDREN. (a) The public safety
159	159	director of the Department of Public Safety shall adopt rules
160	160	regarding the procedures for a local law enforcement agency on
161	161	receiving a report of a missing child who:
162	162	(1) had been reported missing on four or more
163	163	occasions in the 24-month period preceding the date of the current
164	164	report;
165	165	(2) is in foster care or in the conservatorship of the
166	166	Department of Family and Protective Services and had been reported
167	167	missing on two or more occasions in the 24-month period preceding
168	168	the date of the current report; or
169	169	(3) is [under 14 years of age and otherwise determined
170	170	by the local law enforcement agency or the Department of Public
171	171	Safety to be] at a high risk of human trafficking, sexual assault,
172	172	exploitation, abuse, or neglectful supervision for any reason the
173	173	agency considers to be high risk, including because the missing
174	174	child:
175	175	(A) disappeared while in a dangerous
176	176	environment;
177	177	(B) has mental or behavioral health needs;
178	178	(C) previously exhibited signs of mental
179	179	illness;
180	180	(D) has an intellectual or developmental
181	181	disability;
182	182	(E) is known to have been last seen or in
183	183	communication with a person unknown to the child's family or legal
184	184	guardian; or
185	185	(F) made concerning statements before
186	186	disappearing.
187	187	(b) The rules adopted under this article must require that:
188	188	(1) in entering information regarding the report into
189	189	the national crime information center missing person file as
190	190	required by Article 63.00905(a)(2) [63.009(a)(3)] for a missing
191	191	child described by Subsection (a), the local law enforcement agency
192	192	shall indicate, in the manner specified in the rules, that the child
193	193	is at a high risk of harm and include relevant information regarding
194	194	any prior occasions on which the child was reported missing; and
195	195	(2) the local law enforcement agency that receives a
196	196	report of a missing child described by Subsection (a)(3) shall:
197	197	(A) escalate the response using all available
198	198	resources; and
199	199	(B) immediately, but not later than two hours
200	200	after receiving the report, notify all law enforcement agencies
201	201	within 100 miles, including agencies from other states, of the
202	202	circumstances and high risk designation of the missing child.
203	203	(c) If, at the time the initial entry into the national
204	204	crime information center missing person file is made, the local law
205	205	enforcement agency has not determined that the requirements of this
206	206	article apply to the report of the missing child, the information
207	207	required by Subsection (b)(1) [(b)] must be added to the entry
208	208	promptly after the agency investigating the report or the
209	209	Department of Public Safety determines that the missing child is
210	210	described by Subsection (a).
211	211	SECTION 6. Section 1701.253, Occupations Code, is amended
212	212	by adding Subsection (q) to read as follows:
213	213	(q) As part of the minimum curriculum requirements, the
214	214	commission shall establish a basic education and training program
215	215	on missing children and missing persons, including instruction on
216	216	the associated reporting requirements under Chapter 63, Code of
217	217	Criminal Procedure. An officer shall complete the program not later
218	218	than the second anniversary of the date the officer is licensed
219	219	under this chapter unless the officer completes the program as part
220	220	of the officer's basic training course.
221	221	SECTION 7. Subchapter F, Chapter 1701, Occupations Code, is
222	222	amended by adding Section 1701.2581 to read as follows:
223	223	Sec. 1701.2581. VOLUNTARY ADVANCED EDUCATION AND TRAINING
224	224	PROGRAM ON MISSING CHILDREN AND MISSING PERSONS. The commission
225	225	shall make available to each officer a voluntary advanced education
226	226	and training program on missing children and missing persons. The
227	227	program must include instruction on the associated reporting
228	228	requirements under Chapter 63, Code of Criminal Procedure.
229	229	SECTION 8. The following provisions of the Code of Criminal
230	230	Procedure are repealed:
231	231	(1) Articles 63.009(a-1), (a-2), and (g); and
232	232	(2) Article 63.0092.
233	233	SECTION 9. The changes in law made by this Act to Chapter
234	234	63, Code of Criminal Procedure, apply only to the report of a
235	235	missing child or missing person that is made to a law enforcement
236	236	agency on or after the effective date of this Act. The report of a
237	237	missing child or missing person that is made to a law enforcement
238	238	agency before the effective date of this Act is governed by the law
239	239	in effect when the report was made, and the former law is continued
240	240	in effect for that purpose.
241	241	SECTION 10. Section 1701.253(q), Occupations Code, as added
242	242	by this Act, applies only to a person who submits an application for
243	243	a peace officer license under Chapter 1701, Occupations Code, on or
244	244	after January 1, 2025. A person who submits an application for a
245	245	peace officer license under Chapter 1701, Occupations Code, before
246	246	January 1, 2025, is governed by the law in effect immediately before
247	247	the effective date of this Act, and the former law is continued in
248	248	effect for that purpose.
249	249	SECTION 11. Not later than December 1, 2024, the Texas
250	250	Commission on Law Enforcement shall:
251	251	(1) establish the training programs required by
252	252	Sections 1701.253(q) and 1701.2581, Occupations Code, as added by
253	253	this Act; and
254	254	(2) adopt the rules necessary to implement Sections
255	255	1701.253(q) and 1701.2581, Occupations Code, as added by this Act.
256	256	SECTION 12. This Act takes effect September 1, 2023.