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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of a law enforcement agency regarding |
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missing children and missing persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Tim's Law. |
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SECTION 2. Article 63.009(a), Code of Criminal Procedure, |
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is 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 an |
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investigation with due diligence in order to determine the present |
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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 the |
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clearinghouse and the national crime information center missing |
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person file if the child or person meets the center's criteria, and |
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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 or |
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missing person; |
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(4) not later than 48 hours after receiving the |
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report, electronically submit to each municipal or county law |
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enforcement agency within 200 miles the report and any information |
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that may help determine the present location of the child or person; |
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(5) 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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(6) [(5)] inform the person who filed the report of |
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the 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; and |
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(C) submitted to each municipal or county law |
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enforcement agency within 200 miles. |
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SECTION 3. The change in law made by this Act applies only |
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to a report of a missing child or missing person that is made to a |
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law enforcement agency on or after the effective date of this Act. A |
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report of a missing child or missing person that is made to a law |
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enforcement agency before the effective date of this Act is |
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governed by the law in effect on the date the report was made, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |