By Wise                                               H.B. No. 1912

         75R4828 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the reporting of certain information to the national

 1-3     crime information center.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 79.008, Human Resources Code, is amended

 1-6     by amending Subsection (a) and adding Subsections (d)-(f) to read

 1-7     as follows:

 1-8           (a)  Local law enforcement agencies, on receiving a report of

 1-9     a missing child or a missing person, shall:

1-10                 (1)  if the subject of the report is a child and the

1-11     well-being of the child is in danger, immediately start an

1-12     investigation in order to determine the present location of the

1-13     child;

1-14                 (2)  if the subject of the report is a person other

1-15     than a child or if the subject of the report is a child whose

1-16     well-being is not considered to be in danger, start an

1-17     investigation with due diligence in order to determine the present

1-18     location of the person; [and]

1-19                 (3)  immediately enter the name of the child or person

1-20     into the clearinghouse and the national crime information center

1-21     missing person file if the child or person meets the center's

1-22     criteria, with all available identifying features such as dental

1-23     records, fingerprints, other physical characteristics, and a

1-24     description of the clothing worn when last seen, and all available

 2-1     information describing any person reasonably believed to have taken

 2-2     or retained the missing child or missing person; and

 2-3                 (4)  inform the person who filed the report of the

 2-4     missing child or missing person that the information will be

 2-5     entered into the clearinghouse and the national crime information

 2-6     center missing person file.

 2-7           (d)  If a local law enforcement agency investigating a report

 2-8     of a missing child or missing person obtains a warrant for the

 2-9     arrest of a person for taking or retaining the missing child or

2-10     missing person, the local law enforcement agency shall immediately

2-11     enter the name and other descriptive information of the person into

2-12     the national crime information center wanted person file if the

2-13     person meets the center's criteria.  The  local law enforcement

2-14     agency shall also enter all available identifying features,

2-15     including dental records, fingerprints, and other physical

2-16     characteristics of the missing child or missing person.  The

2-17     information shall be cross-referenced with the information in the

2-18     national crime information center missing person file.

2-19           (e)  A local law enforcement agency that has access to the

2-20     national crime information center database shall cooperate with

2-21     other law enforcement agencies in entering or retrieving

2-22     information from the national crime information center database.

2-23           (f)  Immediately after the return of a missing child or

2-24     missing person or the identification of an unidentified body, the

2-25     local law  enforcement agency having jurisdiction of the

2-26     investigation shall cancel the entry in the national crime

2-27     information center database.

 3-1           SECTION 2.  This Act takes effect September 1, 1997.

 3-2           SECTION 3.  The importance of this legislation and the

 3-3     crowded condition of the calendars in both houses create an

 3-4     emergency and an imperative public necessity that the

 3-5     constitutional rule requiring bills to be read on three several

 3-6     days in each house be suspended, and this rule is hereby suspended.