JWW H.B. 1912 75(R)BILL ANALYSIS PUBLIC SAFETY H.B. 1912 By: Wise 4-28-97 Committee Report (Unamended) BACKGROUND In 1990, the U.S. Congress passed the National Child Search Assistance Act (42 U.S.C. 5780) that requires each federal, state, and local law enforcement agency to report each case of a missing child younger than the age of 18 to the National Crime Information Center (NCIC). It further states that no agency is to maintain any policy establishing a waiting period before accepting a missing child or unidentified person report. Each agency is to immediately enter identifying information which is to be supplemented within sixty days with any additional available information, such as medical and dental records. Some law enforcement agencies refuse to make an NCIC entry into the Missing Person File when a child has been abducted by a parent unless there has been an arrest warrant issued. There is no FBI prohibition on entering information into the Missing Person File of the NCIC computer before an arrest warrant has been issued in a family abduction case. The legislative history of the federal Missing Children Act clearly indicates that children abducted by a parent are to be entered into NCIC as missing persons. This requirement is further strengthened by the National Child Search Assistance Act. The Texas Department of Public Safety's Missing Person and Missing Persons Information Clearinghouse has been an effective resource in solving cases of missing and exploited children. The clearinghouse is an ideal focal point for the coordination of efforts by law enforcement, social services, education and prevention programs, legislative advocacy, and the dissemination of missing children's photographs. PURPOSE The purpose of this legislation is to strengthen the current law in Texas relative to how law enforcement officials report information to the National Crime Information Center (NCIC), particularly as it relates to missing or abducted children and adults. 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 ANALYSIS SECTION 1 Amends Section 79.008, Human Resources Code as follows: (a)(3) In addition to the information currently provided to the clearinghouse and national crime information center, any information regarding any person who may have taken the child or person will be included. (4) The person filing the report will be notified that the information provided will be forwarded to the clearinghouse and national crime information center missing person file. (d) Upon obtaining a warrant for the arrest of a person suspected of taking or retaining a missing child or person, the local law enforcement agency will submit the name and other descriptive information into the clearinghouse and national crime information center wanted person file. In addition, the local law enforcement agency will include other identifying information such as dental records, fingerprints and physical characteristics of the missing child or person. This information will be cross-referenced with information in the clearinghouse and national crime information center missing person file. (e) Any local law enforcement agency having access to the national crime information center database will be required assist other law enforcement agencies in submitting and retrieving information from the database. (f) Immediately following the return of a missing child or person, or upon positive identification of an unidentified body, the local law enforcement agency having jurisdiction will notify the national crime information center database. SECTION 2 Effective Date: September 1, 1997. SECTION 3 Emergency Clause.