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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) clear the entry in the national crime information |
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center database; and |
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(2) notify the National Missing and Unidentified |
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Persons System. |
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SECTION 4. Subchapter A, Chapter 63, Code of Criminal |
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Procedure, is amended by adding Article 63.00905 to read as |
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follows: |
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Art. 63.00905. LAW ENFORCEMENT REQUIREMENTS FOR REPORT OF |
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MISSING CHILD. (a) Regardless of the jurisdiction in which the |
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child went missing, a law enforcement agency, on receiving a report |
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of a missing child, shall: |
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(1) immediately start an investigation in order to |
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determine the present location of the child; |
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(2) immediately, but not later than two hours after |
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receiving the report, enter the name of the child into the |
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clearinghouse and the national crime information center missing |
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person file if the child meets the center's criteria, 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; |
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(3) immediately, but not later than two hours after |
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the agency receives the report, enter the applicable information |
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into the Texas Law Enforcement Telecommunications System or a |
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successor system of telecommunication used by law enforcement |
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agencies and operated by the Department of Public Safety; |
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(4) not later than the 30th day after the date the |
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agency receives the report, enter the name of the child into the |
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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; and |
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(5) inform the person who filed the report of the |
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missing child that the information will be entered into the |
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clearinghouse, the national crime information center missing |
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person file, and the National Missing and Unidentified Persons |
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System. |
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(b) A local law enforcement agency, on receiving a report of |
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a child missing under the circumstances described by Article |
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63.001(3)(D) for a period of not less than 48 hours, shall |
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immediately make a reasonable effort to locate the child and |
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determine the well-being of the child. On determining the location |
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of the child, if the agency has reason to believe that the child is a |
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victim of abuse or neglect as defined by Section 261.001, Family |
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Code, the agency: |
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(1) shall notify the Department of Family and |
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Protective Services; and |
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(2) may take possession of the child under Subchapter |
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B, Chapter 262, Family Code. |
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(c) The Department of Family and Protective Services, on |
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receiving notice under Subsection (b), may initiate an |
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investigation into the allegation of abuse or neglect under Section |
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261.301, Family Code, and take possession of the child under |
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Chapter 262, Family Code. |
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(d) Information not immediately available when the original |
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entry is made shall be entered into the clearinghouse, the national |
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crime information center file, and the National Missing and |
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Unidentified Persons System as a supplement to the original entry |
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as soon as possible. |
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(e) If a local law enforcement agency investigating a report |
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of a missing child obtains a warrant for the arrest of a person for |
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taking or retaining the missing child, the local law enforcement |
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agency shall immediately enter the name and other descriptive |
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information of the person into the national crime information |
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center wanted person file if the person meets the center's |
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criteria. The local law enforcement agency shall also enter all |
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available identifying features, including dental records, |
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fingerprints, and other physical characteristics of the missing |
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child. The information shall be cross-referenced with the |
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information in the national crime information center missing person |
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file. |
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(f) Immediately after the return of a missing child, the |
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local law enforcement agency having jurisdiction of the |
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investigation shall: |
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(1) clear the entry in the national crime information |
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center database; and |
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(2) notify the National Missing and Unidentified |
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Persons System. |
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(g) On determining the location of a child, other than a |
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child who is subject to the continuing jurisdiction of a district |
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court, an officer shall take possession of the child and shall |
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deliver or arrange for the delivery of the child to a person |
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entitled to possession of the child. If the person entitled to |
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possession of the child is not immediately available, the law |
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enforcement officer shall deliver the child to the Department of |
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Family and Protective Services. |
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SECTION 5. Article 63.0091, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 63.0091. LAW ENFORCEMENT REQUIREMENTS REGARDING |
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REPORTS OF CERTAIN MISSING CHILDREN. (a) The public safety |
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director of the Department of Public Safety shall adopt rules |
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regarding the procedures for a local law enforcement agency on |
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receiving a report of a missing child who: |
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(1) had been reported missing on four or more |
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occasions in the 24-month period preceding the date of the current |
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report; |
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(2) is in foster care or in the conservatorship of the |
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Department of Family and Protective Services and had been reported |
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missing on two or more occasions in the 24-month period preceding |
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the date of the current report; or |
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(3) is [under 14 years of age and otherwise determined |
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by the local law enforcement agency or the Department of Public |
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Safety to be] at a high risk of human trafficking, sexual assault, |
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exploitation, abuse, or neglectful supervision for any reason the |
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agency considers to be high risk, including because the missing |
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child: |
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(A) disappeared while in a dangerous |
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environment; |
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(B) has mental or behavioral health needs; |
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(C) previously exhibited signs of mental |
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illness; |
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(D) has an intellectual or developmental |
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disability; or |
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(E) is known to have been last seen or in |
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communication with an adult unknown to the child's family or legal |
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guardian. |
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(b) The rules adopted under this article must require that: |
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(1) in entering information regarding the report into |
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the national crime information center missing person file as |
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required by Article 63.00905(a)(2) [63.009(a)(3)] for a missing |
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child described by Subsection (a), the local law enforcement agency |
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shall indicate, in the manner specified in the rules, that the child |
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is at a high risk of harm and include relevant information |
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regarding: |
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(A) any prior occasions on which the child was |
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reported missing; and |
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(B) the circumstances considered when |
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designating the child as high risk; and |
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(2) the local law enforcement agency that receives a |
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report of a missing child described by Subsection (a)(3) shall: |
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(A) reasonably escalate the response; and |
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(B) immediately, but not later than two hours |
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after receiving the report, notify all law enforcement agencies |
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within 100 miles, including agencies from other states, of the |
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circumstances and high risk designation of the missing child. |
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(c) If, at the time the initial entry into the national |
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crime information center missing person file is made, the local law |
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enforcement agency has not determined that the requirements of this |
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article apply to the report of the missing child, the information |
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required by Subsection (b)(1) [(b)] must be added to the entry |
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promptly after the agency investigating the report or the |
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Department of Public Safety determines that the missing child is |
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described by Subsection (a). |
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SECTION 6. Section 1701.253, Occupations Code, is amended |
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by adding Subsection (q) to read as follows: |
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(q) As part of the minimum curriculum requirements, the |
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commission shall establish a basic education and training program |
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on missing children and missing persons, including instruction on |
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the associated reporting requirements under Chapter 63, Code of |
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Criminal Procedure. An officer shall complete the program not |
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later than the second anniversary of the date the officer is |
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licensed under this chapter unless the officer completes the |
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program as part of the officer's basic training course. |
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SECTION 7. Subchapter F, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.2581 to read as follows: |
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Sec. 1701.2581. VOLUNTARY ADVANCED EDUCATION AND TRAINING |
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PROGRAM ON MISSING CHILDREN AND MISSING PERSONS. The commission |
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shall make available to each officer a voluntary advanced education |
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and training program on missing children and missing persons. The |
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program must include instruction on the associated reporting |
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requirements under Chapter 63, Code of Criminal Procedure. |
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SECTION 8. The following provisions of the Code of Criminal |
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Procedure are repealed: |
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(1) Articles 63.009(a-1), (a-2), and (g); and |
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(2) Article 63.0092. |
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SECTION 9. The changes in law made by this Act to Chapter |
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63, Code of Criminal Procedure, apply only to the report of a |
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missing child or missing person that is made to a law enforcement |
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agency on or after the effective date of this Act. The report of a |
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missing child or missing person that is made to a law enforcement |
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agency before the effective date of this Act is governed by the law |
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in effect when the report was made, and the former law is continued |
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in effect for that purpose. |
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SECTION 10. Section 1701.253(q), Occupations Code, as added |
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by this Act, applies only to a person who submits an application for |
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a peace officer license under Chapter 1701, Occupations Code, on or |
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after January 1, 2025. A person who submits an application for a |
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peace officer license under Chapter 1701, Occupations Code, before |
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January 1, 2025, is governed by the law in effect immediately before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 11. Not later than December 1, 2024, the Texas |
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Commission on Law Enforcement shall: |
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(1) establish the training programs required by |
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Sections 1701.253(q) and 1701.2581, Occupations Code, as added by |
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this Act; and |
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(2) adopt the rules necessary to implement Sections |
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1701.253(q) and 1701.2581, Occupations Code, as added by this Act. |
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SECTION 12. This Act takes effect September 1, 2023. |