88(R) HB 4975 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting procedures and training programs for law |
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enforcement agencies regarding missing children and missing |
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persons. |
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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             SECTION  1.    Article 2.13(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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             (c)    It is the duty of every officer to take possession of a |
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child under Article 63.00905(g) [63.009(g)]. |
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             SECTION  2.    The heading to Article 63.009, Code of Criminal |
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Procedure, is amended to read as follows: |
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             Art.  63.009.    LAW ENFORCEMENT REQUIREMENTS GENERALLY. |
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             SECTION  3.    Articles 63.009(a), (d), and (f), Code of |
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Criminal Procedure, are amended to read as follows: |
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             (a)    A law enforcement agency, on receiving a report of a |
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[missing child or] missing person, shall: |
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                         (1)    [if the subject of the report is a child and the |
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child is at a high risk of harm or is otherwise in danger or] if the |
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subject of the report is a person who is known by the agency to have |
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or is reported to have chronic dementia, including Alzheimer's |
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dementia, whether caused by illness, brain defect, or brain injury, |
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immediately start an investigation in order to determine the |
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present location of the [child or] person; |
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                         (2)    if the subject of the report is a [child or] person |
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other than a [child or] person described by Subdivision (1), start |
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an investigation with due diligence in order to determine the |
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present location of the [child or] person; |
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                         (3)    immediately, but not later than two hours after |
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receiving the report, enter the name of the [child or] person into |
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the clearinghouse and the national crime information center missing |
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person file if the [child or] person meets the center's criteria, |
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and report that name to the Alzheimer's Association Safe Return |
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emergency response center if applicable, with all available |
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identifying features such as dental records, fingerprints, other |
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physical characteristics, and a description of the clothing worn |
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when last seen, and all available information describing any person |
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reasonably believed to have taken or retained the [missing child |
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or] missing person; |
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                         (4)    not later than the 60th day after the date the |
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agency receives the report, enter the name of the [child or] person |
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into the National Missing and Unidentified Persons System, with all |
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available identifying features such as dental records, |
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fingerprints, other physical characteristics, and a description of |
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the clothing worn when last seen, and all available information |
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describing any person reasonably believed to have taken or retained |
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the [missing child or] missing person; and |
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                         (5)    inform the person who filed the report of the |
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[missing child or] missing person that the information will be: |
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                                     (A)    entered into the clearinghouse, the national |
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crime information center missing person file, and the National |
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Missing and Unidentified Persons System; and |
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                                     (B)    reported to the Alzheimer's Association Safe |
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Return emergency response center if applicable. |
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             (d)    If a local law enforcement agency investigating a report |
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of a [missing child or] missing person obtains a warrant for the |
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arrest of a person for taking or retaining the [missing child or] |
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missing person, the local law enforcement agency shall immediately |
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enter the name and other descriptive information of the person into |
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the national crime information center wanted person file if the |
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person meets the center's criteria. The local law enforcement |
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agency shall also enter all available identifying features, |
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including dental records, fingerprints, and other physical |
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characteristics of the [missing child or] missing person. The |
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information shall be cross-referenced with the information in the |
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national crime information center missing person file. |
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             (f)    Immediately after the return of a [missing child or] |
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missing person or the identification of an unidentified body, the |
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local law enforcement agency having jurisdiction of the |
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investigation shall: |
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                         (1)    clStatutes affected: Introduced: Occupations Code 1701.253 (Occupations Code 1701)
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