Texas 2023 - 88th Regular

Texas Senate Bill SB2429 Compare Versions

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1	1	S.B. No. 2429
2	2
3	3
4	4	AN ACT
5	5	relating to reporting procedures and 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. Article 2.13(c), Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	(c) It is the duty of every officer to take possession of a
12	12	child under Article 63.00905(g) [63.009(g)].
13	13	SECTION 2. The heading to Article 63.009, Code of Criminal
14	14	Procedure, is amended to read as follows:
15	15	Art. 63.009. LAW ENFORCEMENT REQUIREMENTS GENERALLY.
16	16	SECTION 3. Articles 63.009(a), (d), and (f), Code of
17	17	Criminal Procedure, are amended to read as follows:
18	18	(a) A law enforcement agency, on receiving a report of a
19	19	[missing child or] missing person, shall:
20	20	(1) [if the subject of the report is a child and the
21	21	child is at a high risk of harm or is otherwise in danger or] if the
22	22	subject of the report is a person who is known by the agency to have
23	23	or is reported to have chronic dementia, including Alzheimer's
24	24	dementia, whether caused by illness, brain defect, or brain injury,
25	25	immediately start an investigation in order to determine the
26	26	present location of the [child or] person;
27	27	(2) if the subject of the report is a [child or] person
28	28	other than a [child or] person described by Subdivision (1), start
29	29	an investigation with due diligence in order to determine the
30	30	present location of the [child or] person;
31	31	(3) immediately, but not later than two hours after
32	32	receiving the report, enter the name of the [child or] person into
33	33	the clearinghouse and the national crime information center missing
34	34	person file if the [child or] person meets the center's criteria,
35	35	and report that name to the Alzheimer's Association Safe Return
36	36	emergency response center if applicable, with all available
37	37	identifying features such as dental records, fingerprints, other
38	38	physical characteristics, and a description of the clothing worn
39	39	when last seen, and all available information describing any person
40	40	reasonably believed to have taken or retained the [missing child
41	41	or] missing person;
42	42	(4) not later than the 60th day after the date the
43	43	agency receives the report, enter the name of the [child or] person
44	44	into the National Missing and Unidentified Persons System, with all
45	45	available identifying features such as dental records,
46	46	fingerprints, other physical characteristics, and a description of
47	47	the clothing worn when last seen, and all available information
48	48	describing any person reasonably believed to have taken or retained
49	49	the [missing child or] missing person; and
50	50	(5) inform the person who filed the report of the
51	51	[missing child or] missing person that the information will be:
52	52	(A) entered into the clearinghouse, the national
53	53	crime information center missing person file, and the National
54	54	Missing and Unidentified Persons System; and
55	55	(B) reported to the Alzheimer's Association Safe
56	56	Return emergency response center if applicable.
57	57	(d) If a local law enforcement agency investigating a report
58	58	of a [missing child or] missing person obtains a warrant for the
59	59	arrest of a person for taking or retaining the [missing child or]
60	60	missing person, the local law enforcement agency shall immediately
61	61	enter the name and other descriptive information of the person into
62	62	the national crime information center wanted person file if the
63	63	person meets the center's criteria. The local law enforcement
64	64	agency shall also enter all available identifying features,
65	65	including dental records, fingerprints, and other physical
66	66	characteristics of the [missing child or] missing person. The
67	67	information shall be cross-referenced with the information in the
68	68	national crime information center missing person file.
69	69	(f) Immediately after the return of a [missing child or]
70	70	missing person or the identification of an unidentified body, the
71	71	local law enforcement agency having jurisdiction of the
72	72	investigation shall:
73	73	(1) clear the entry in the national crime information
74	74	center database; and
75	75	(2) notify the National Missing and Unidentified
76	76	Persons System.
77	77	SECTION 4. Subchapter A, Chapter 63, Code of Criminal
78	78	Procedure, is amended by adding Article 63.00905 to read as
79	79	follows:
80	80	Art. 63.00905. LAW ENFORCEMENT REQUIREMENTS FOR REPORT OF
81	81	MISSING CHILD. (a) Regardless of the jurisdiction in which the
82	82	child went missing, a law enforcement agency, on receiving a report
83	83	of a missing child, shall:
84	84	(1) immediately start an investigation in order to
85	85	determine the present location of the child;
86	86	(2) immediately, but not later than two hours after
87	87	receiving the report, enter the name of the child into the
88	88	clearinghouse and the national crime information center missing
89	89	person file if the child meets the center's criteria, with all
90	90	available identifying features such as dental records,
91	91	fingerprints, other physical characteristics, and a description of
92	92	the clothing worn when last seen, and all available information
93	93	describing any person reasonably believed to have taken or retained
94	94	the missing child;
95	95	(3) immediately, but not later than two hours after
96	96	the agency receives the report, enter the applicable information
97	97	into the Texas Law Enforcement Telecommunications System or a
98	98	successor system of telecommunication used by law enforcement
99	99	agencies and operated by the Department of Public Safety;
100	100	(4) not later than the 30th day after the date the
101	101	agency receives the report, enter the name of the child into the
102	102	National Missing and Unidentified Persons System, with all
103	103	available identifying features such as dental records,
104	104	fingerprints, other physical characteristics, and a description of
105	105	the clothing worn when last seen, and all available information
106	106	describing any person reasonably believed to have taken or retained
107	107	the missing child; and
108	108	(5) inform the person who filed the report of the
109	109	missing child that the information will be entered into the
110	110	clearinghouse, the national crime information center missing
111	111	person file, and the National Missing and Unidentified Persons
112	112	System.
113	113	(b) A local law enforcement agency, on receiving a report of
114	114	a child missing under the circumstances described by Article
115	115	63.001(3)(D) for a period of not less than 48 hours, shall
116	116	immediately make a reasonable effort to locate the child and
117	117	determine the well-being of the child. On determining the location
118	118	of the child, if the agency has reason to believe that the child is a
119	119	victim of abuse or neglect as defined by Section 261.001, Family
120	120	Code, the agency:
121	121	(1) shall notify the Department of Family and
122	122	Protective Services; and
123	123	(2) may take possession of the child under Subchapter
124	124	B, Chapter 262, Family Code.
125	125	(c) The Department of Family and Protective Services, on
126	126	receiving notice under Subsection (b), may initiate an
127	127	investigation into the allegation of abuse or neglect under Section
128	128	261.301, Family Code, and take possession of the child under
129	129	Chapter 262, Family Code.
130	130	(d) Information not immediately available when the original
131	131	entry is made shall be entered into the clearinghouse, the national
132	132	crime information center file, and the National Missing and
133	133	Unidentified Persons System as a supplement to the original entry
134	134	as soon as possible.
135	135	(e) If a local law enforcement agency investigating a report
136	136	of a missing child obtains a warrant for the arrest of a person for
137	137	taking or retaining the missing child, the local law enforcement
138	138	agency shall immediately enter the name and other descriptive
139	139	information of the person into the national crime information
140	140	center wanted person file if the person meets the center's
141	141	criteria. The local law enforcement agency shall also enter all
142	142	available identifying features, including dental records,
143	143	fingerprints, and other physical characteristics of the missing
144	144	child. The information shall be cross-referenced with the
145	145	information in the national crime information center missing person
146	146	file.
147	147	(f) Immediately after the return of a missing child, the
148	148	local law enforcement agency having jurisdiction of the
149	149	investigation shall:
150	150	(1) clear the entry in the national crime information
151	151	center database; and
152	152	(2) notify the National Missing and Unidentified
153	153	Persons System.
154	154	(g) On determining the location of a child, other than a
155	155	child who is subject to the continuing jurisdiction of a district
156	156	court, an officer shall take possession of the child and shall
157	157	deliver or arrange for the delivery of the child to a person
158	158	entitled to possession of the child. If the person entitled to
159	159	possession of the child is not immediately available, the law
160	160	enforcement officer shall deliver the child to the Department of
161	161	Family and Protective Services.
162	162	SECTION 5. Article 63.0091, Code of Criminal Procedure, is
163	163	amended to read as follows:
164	164	Art. 63.0091. LAW ENFORCEMENT REQUIREMENTS REGARDING
165	165	REPORTS OF CERTAIN MISSING CHILDREN. (a) The public safety
166	166	director of the Department of Public Safety shall adopt rules
167	167	regarding the procedures for a local law enforcement agency on
168	168	receiving a report of a missing child who:
169	169	(1) had been reported missing on four or more
170	170	occasions in the 24-month period preceding the date of the current
171	171	report;
172	172	(2) is in foster care or in the conservatorship of the
173	173	Department of Family and Protective Services and had been reported
174	174	missing on two or more occasions in the 24-month period preceding
175	175	the date of the current report; or
176	176	(3) is [under 14 years of age and otherwise determined
177	177	by the local law enforcement agency or the Department of Public
178	178	Safety to be] at a high risk of human trafficking, sexual assault,
179	179	exploitation, abuse, or neglectful supervision for any reason the
180	180	agency considers to be high risk, including because the missing
181	181	child:
182	182	(A) disappeared while in a dangerous
183	183	environment;
184	184	(B) has mental or behavioral health needs;
185	185	(C) previously exhibited signs of mental
186	186	illness;
187	187	(D) has an intellectual or developmental
188	188	disability; or
189	189	(E) is known to have been last seen or in
190	190	communication with an adult unknown to the child's family or legal
191	191	guardian.
192	192	(b) The rules adopted under this article must require that:
193	193	(1) in entering information regarding the report into
194	194	the national crime information center missing person file as
195	195	required by Article 63.00905(a)(2) [63.009(a)(3)] for a missing
196	196	child described by Subsection (a), the local law enforcement agency
197	197	shall indicate, in the manner specified in the rules, that the child
198	198	is at a high risk of harm and include relevant information
199	199	regarding:
200	200	(A) any prior occasions on which the child was
201	201	reported missing; and
202	202	(B) the circumstances considered when
203	203	designating the child as high risk; and
204	204	(2) the local law enforcement agency that receives a
205	205	report of a missing child described by Subsection (a)(3) shall:
206	206	(A) reasonably escalate the response; and
207	207	(B) immediately, but not later than two hours
208	208	after receiving the report, notify all law enforcement agencies
209	209	within 100 miles, including agencies from other states, of the
210	210	circumstances and high risk designation of the missing child.
211	211	(c) If, at the time the initial entry into the national
212	212	crime information center missing person file is made, the local law
213	213	enforcement agency has not determined that the requirements of this
214	214	article apply to the report of the missing child, the information
215	215	required by Subsection (b)(1) [(b)] must be added to the entry
216	216	promptly after the agency investigating the report or the
217	217	Department of Public Safety determines that the missing child is
218	218	described by Subsection (a).
219	219	SECTION 6. Section 1701.253, Occupations Code, is amended
220	220	by adding Subsection (q) to read as follows:
221	221	(q) As part of the minimum curriculum requirements, the
222	222	commission shall establish a basic education and training program
223	223	on missing children and missing persons, including instruction on
224	224	the associated reporting requirements under Chapter 63, Code of
225	225	Criminal Procedure. An officer shall complete the program not
226	226	later than the second anniversary of the date the officer is
227	227	licensed under this chapter unless the officer completes the
228	228	program as part of the officer's basic training course.
229	229	SECTION 7. Subchapter F, Chapter 1701, Occupations Code, is
230	230	amended by adding Section 1701.2581 to read as follows:
231	231	Sec. 1701.2581. VOLUNTARY ADVANCED EDUCATION AND TRAINING
232	232	PROGRAM ON MISSING CHILDREN AND MISSING PERSONS. The commission
233	233	shall make available to each officer a voluntary advanced education
234	234	and training program on missing children and missing persons. The
235	235	program must include instruction on the associated reporting
236	236	requirements under Chapter 63, Code of Criminal Procedure.
237	237	SECTION 8. The following provisions of the Code of Criminal
238	238	Procedure are repealed:
239	239	(1) Articles 63.009(a-1), (a-2), and (g); and
240	240	(2) Article 63.0092.
241	241	SECTION 9. The changes in law made by this Act to Chapter
242	242	63, Code of Criminal Procedure, apply only to the report of a
243	243	missing child or missing person that is made to a law enforcement
244	244	agency on or after the effective date of this Act. The report of a
245	245	missing child or missing person that is made to a law enforcement
246	246	agency before the effective date of this Act is governed by the law
247	247	in effect when the report was made, and the former law is continued
248	248	in effect for that purpose.
249	249	SECTION 10. Section 1701.253(q), Occupations Code, as added
250	250	by this Act, applies only to a person who submits an application for
251	251	a peace officer license under Chapter 1701, Occupations Code, on or
252	252	after January 1, 2025. A person who submits an application for a
253	253	peace officer license under Chapter 1701, Occupations Code, before
254	254	January 1, 2025, is governed by the law in effect immediately before
255	255	the effective date of this Act, and the former law is continued in
256	256	effect for that purpose.
257	257	SECTION 11. Not later than December 1, 2024, the Texas
258	258	Commission on Law Enforcement shall:
259	259	(1) establish the training programs required by
260	260	Sections 1701.253(q) and 1701.2581, Occupations Code, as added by
261	261	this Act; and
262	262	(2) adopt the rules necessary to implement Sections
263	263	1701.253(q) and 1701.2581, Occupations Code, as added by this Act.
264	264	SECTION 12. This Act takes effect September 1, 2023.
265	265	______________________________ ______________________________
266	266	President of the Senate Speaker of the House
267	267	I hereby certify that S.B. No. 2429 passed the Senate on
268	268	April 17, 2023, by the following vote: Yeas 31, Nays 0.
269	269	______________________________
270	270	Secretary of the Senate
271	271	I hereby certify that S.B. No. 2429 passed the House on
272	272	May 24, 2023, by the following vote: Yeas 135, Nays 3,
273	273	one present not voting.
274	274	______________________________
275	275	Chief Clerk of the House
276	276	Approved:
277	277	______________________________
278	278	Date
279	279	______________________________
280	280	Governor