Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 920 of the Regular Session
 State of Arkansas                   As Engrossed:       H3/28/19
 92nd General Assembly                        A Bill
 Regular Session, 2019                                                             HOUSE BILL 1881
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 By: Representative Petty
 By: Senator Hester
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                                   For An Act To Be Entitled
                 AN ACT CONCERNING THE INVESTIGATION INTO A MISSING OR
                 UNIDENTIFIED PERSON; CONCERNING THE NATIONAL MISSING
                 AND UNIDENTIFIED PERSONS SYSTEM; AND FOR OTHER
                 PURPOSES.
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                                               Subtitle
                         CONCERNING THE INVESTIGATION INTO A
                         MISSING OR UNIDENTIFIED PERSON; AND
                         CONCERNING THE NATIONAL MISSING AND
                         UNIDENTIFIED PERSONS SYSTEM.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code Title 12, Chapter 9, Subchapter 1, is amended
 to add an additional section to read as follows:
        12-9-122.        Missing and unidentified persons training.
        (a)(1)        In accordance with the certification requirements of the
 Arkansas Commission on Law Enforcement Standards and Training, all law
 enforcement officers in the state shall complete training related to the
 investigation of unidentified and missing persons.
                 (2)     Practicum training shall also be sufficient for the
 requirement under subdivision (a)(1) of this section.
        (b)    Training under subsection (a) of this section may include training
 conducted in conjunction with resources available through the National
 Missing and Unidentified Persons System.
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     As Engrossed:           H3/28/19                                                 HB1881
          SECTION 2.       Arkansas Code Title 12, Chapter 12, Subchapter 1, is
 amended to add an additional section to read as follows:
          12-12-110.       Missing or unidentified persons.
          (a)   As used in this section:
                   (1)    "Missing person" means a person, including a child under
 eighteen (18) years of age, reported to a law enforcement agency as missing
 and unaccounted for from expected and normal activities; and
                   (2)    "Unidentified person" means a person living or deceased who
 is unidentified after all available methods used to identify a person have
 been exhausted, including a decedent released to the State Crime Laboratory
 in which the identity of the decedent cannot be established to the
 satisfaction of the State Medical Examiner.
          (b)(1)     To the extent that this section is not duplicative with  12-
 12-205, the actions under this section shall be undertaken by the law
 enforcement agency with jurisdiction in the event of a report of a missing
 person or unidentified person.
                   (2)    Entry of missing person or unidentified person information
 into the National Missing and Unidentified Persons System does not relieve
 the obligations of a law enforcement agency under  12-12-205.
          (c)   A law enforcement agency shall input the following data, if
 available for an unidentified person, into the National Missing and
 Unidentified Persons System:
                   (1)    Copies of fingerprints on standardized fingerprint cards
 measuring eight inches by eight inches (8" x 8") or the equivalent digital
 image, including partial prints of any fingers;
                   (2)    Forensic dental report or radiology imaging;
                   (3)    Detailed personal descriptions;
                   (4)    Deoxyribonucleic acid (DNA) information;
                   (5)    Radiology imaging and medical data; and
                   (6)    All other identifying data, including date and place of
 death.
          (d)   When a missing person or unidentified person report is received, a
 law enforcement agency shall initiate the following procedures within thirty
 (30) days of receiving the missing person or unidentified person report:
                   (1)    Submit the missing person or unidentified person case to the
 National Missing and Unidentified Persons System and to any database of
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     As Engrossed:       H3/28/19                                                 HB1881
 missing persons or unidentified persons currently required by the law
 enforcement agency, providing all appropriate data;
               (2)(A)     Locate and obtain biometric records, including medical
 and dental records, medical and dental X-rays, or other medical imaging, and
 enter those records into the National Missing and Unidentified Persons
 System.
                        (B)   Records described under subdivision (d)(2)(A) of this
 section are considered confidential and shall not be released to the public;
               (3)(A)     Utilize the National Missing and Unidentified Persons
 System's family reference sample submission kits and obtain voluntary DNA
 samples from appropriate family members to submit to the laboratory for DNA
 testing and to an institution of higher education that specializes in DNA
 identification for a full genetic profile, including testing of mitochondrial
 DNA, short tandem repeats on the Y-chromosome, and nuclear analyses, to be
 documented in the National Missing and Unidentified Persons System missing
 persons or unidentified persons file, and submitted to the Federal Bureau of
 Investigation's National DNA Index System using the Combined DNA Index
 System.
                        (B)   If necessary, the law enforcement agency may request
 assistance in obtaining family reference DNA samples; and
               (4)    Attempt to locate any fingerprints from available resources
 and submit the fingerprints to the National Missing and Unidentified Persons
 System.
      (e)(1)     A law enforcement agency shall not require a delay before
 accepting or investigating a report of a missing person when reliable
 information has been provided to the law enforcement agency that the person
 is missing.
               (2)    A law enforcement agency shall not mandate the appearance of
 a next of kin before initiating a missing persons investigation.
      (f)(1)     If a law enforcement agency receives a report of a missing
 person from another law enforcement agency or from a medical examiner, the
 law enforcement agency shall maintain a record of the case file.
               (2)    The information contained in a report of a missing person
 from another law enforcement agency or from a medical examiner shall be
 available to a law enforcement agency attempting to identify unidentified
 persons.
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     As Engrossed:       H3/28/19                                               HB1881
      (g)(1)     A law enforcement agency shall not establish or maintain a
 policy that requires the observance of a waiting period before accepting and
 investigating a report of a missing child.
               (2)    Upon receipt of a report of a missing child, a law
 enforcement agency shall enter the child into the National Missing and
 Unidentified Persons System.
      (h)   When a person previously reported missing has been found or when
 an unidentified person has been identified, the reporting law enforcement
 agency or the Department of Arkansas State Police shall report to the
 National Missing and Unidentified Persons System.
      (i)   This section does not prohibit a law enforcement agency from
 maintaining case files related to missing persons or unidentified bodies.
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                                       /s/Petty
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                                   APPROVED: 4/11/19
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