CJ H.B. 1092 75(R)
BILL ANALYSIS

JUVENILE JUSTICE & FAMILY ISSUES
H.B. 1092
By Serna
3-6-97
Committee Report (Unamended)



BACKGROUND

Although there are state and federal laws stating that the custodial
parent/legal guardian can file a missing person report and have the child
entered into the FBI's NCIC Missing Person File and the Missing Persons
Clearinghouse whether or not the abductor has been charged with the crime,
there are still misconceptions on the part of some law enforcement
agencies that a child who is a victim of a parental abduction cannot be
entered into NCIC unless there is a warrant issued for the abductor. 

PURPOSE 

This addition to the definition of a missing child is to reinforce these
laws and to state in "black and white" that these children must be entered
into the FBI's NCIC Missing Person File and the Missing Persons
Clearinghouse. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION

SECTION 1.  Amends Section79.001(3), Human Resources Code, to define
"missing child" as one who is removed in violation of a court custody
order. 

SECTION 2. Emergency Clause.


CJ H.B. 1092 75(R)