By Serna                                        H.B. No. 2693

      75R4762 KEL-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to developing information to identify missing persons;

 1-3     providing a penalty.

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

 1-5           SECTION 1.  Article 49.04(a), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (a)  A justice of the peace shall conduct an inquest into the

 1-8     death of a person who dies in the county served by the justice if:

 1-9                 (1)  the person dies in prison under circumstances

1-10     other than those described by Section 501.055(b), Government Code,

1-11     or in jail;

1-12                 (2)  the person dies an unnatural death from a cause

1-13     other than a legal execution;

1-14                 (3)  the body of a [the] person is found and the cause

1-15     or circumstances of death are unknown, regardless of whether the

1-16     body is identified;

1-17                 (4)  the circumstances of the death indicate that the

1-18     death may have been caused by unlawful means;

1-19                 (5)  the person commits suicide or the circumstances of

1-20     the death indicate that the death may have been caused by suicide;

1-21                 (6)  the person dies without having been attended by a

1-22     physician;

1-23                 (7)  the person dies while attended by a physician who

1-24     is unable to certify the cause of death and who requests the

 2-1     justice of the peace to conduct an inquest;  or

 2-2                 (8)  the person is a child who is younger than six

 2-3     years of age and the death is reported under Chapter 264, Family

 2-4     Code.

 2-5           SECTION 2.  Article 49.25, Code of Criminal Procedure, is

 2-6     amended by amending Sections 6, 7, and 9, redesignating existing

 2-7     Section 13 as Section 14 and amending that section, and adding new

 2-8     Sections 10b and 13 to read as follows:

 2-9           Sec. 6.  DEATH INVESTIGATIONS.  (a)  Any medical examiner, or

2-10     his duly authorized deputy, shall be authorized, and it shall be

2-11     his duty, to hold inquests with or without a jury within his

2-12     county, in the following cases:

2-13                 1.  When a person shall die within twenty-four hours

2-14     after admission to a hospital or institution or in prison or in

2-15     jail;

2-16                 2.  When any person is killed; or from any cause dies

2-17     an unnatural death, except under sentence of the law; or dies in

2-18     the absence of one or more good witnesses;

2-19                 3.  When the body of a person [human being] is found,

2-20     [and] the cause or circumstances of [his] death are unknown, and:

2-21                       (A)  the body is identified; or

2-22                       (B)  the body is unidentified;

2-23                 4.  When the circumstances of the death of any person

2-24     are such as to lead to suspicion that he came to his death by

2-25     unlawful means;

2-26                 5.  When any person commits suicide, or the

2-27     circumstances of his death are such as to lead to suspicion that he

 3-1     committed suicide;

 3-2                 6.  When a person dies without having been attended by

 3-3     a duly licensed and practicing physician, and the local health

 3-4     officer or registrar required to report the cause of death under

 3-5     Section 193.005, Health and Safety Code, does not know the cause of

 3-6     death.  When the local health officer or registrar of vital

 3-7     statistics whose duty it is to certify the cause of death does not

 3-8     know the cause of death, he shall so notify the medical examiner of

 3-9     the county in which the death occurred and request an inquest;

3-10                 7.  When the person is a child who is younger than six

3-11     years of age and the death is reported under Chapter 264, Family

3-12     Code; and

3-13                 8.  When a person dies who has been attended

3-14     immediately preceding his death by a duly licensed and practicing

3-15     physician or physicians, and such physician or physicians are not

3-16     certain as to the cause of death and are unable to certify with

3-17     certainty the cause of death as required by Section 193.004, Health

3-18     and Safety Code.  In case of such uncertainty the attending

3-19     physician or physicians, or the superintendent or general manager

3-20     of the hospital or institution in which the deceased shall have

3-21     died, shall so report to the medical examiner of the county in

3-22     which the death occurred, and request an inquest.

3-23           (b)  The inquests authorized and required by this Article

3-24     shall be held by the medical examiner of the county in which the

3-25     death occurred.

3-26           (c)  In making such investigations and holding such inquests,

3-27     the medical examiner or an authorized deputy may administer oaths

 4-1     and take affidavits.  In the absence of next of kin or legal

 4-2     representatives of the deceased, the medical examiner or authorized

 4-3     deputy shall take charge of the body and all property found with

 4-4     it.

 4-5           Sec. 7.  REPORTS OF DEATH.  (a)  Any police officer,

 4-6     superintendent of institution, physician, or private citizen who

 4-7     shall become aware of a death under any of the circumstances set

 4-8     out in Section 6(a) of this Article, shall immediately report such

 4-9     death to the office of the medical examiner or to the city or

4-10     county police departments;  any such report to a city or county

4-11     police department shall be immediately transmitted to the office of

4-12     the medical examiner.

4-13           (b)  A city or county police department that becomes aware of

4-14     a death described by Subdivision 3(B) of Section 6(a) of this

4-15     Article shall report the death to the missing children and missing

4-16     persons information clearinghouse of the  Department of Public

4-17     Safety and the national crime information center not later than the

4-18     seventh working day after the date the department becomes aware of

4-19     the death.

4-20           Sec. 9.  AUTOPSY.  (a)  If the cause of death shall be

4-21     determined beyond a reasonable doubt as a result of the

4-22     investigation, the medical examiner shall file a report thereof

4-23     setting forth specifically the cause of death with the district

4-24     attorney or criminal district attorney, or in a county in which

4-25     there is no district attorney or criminal district attorney with

4-26     the county attorney, of the county in which the death occurred.  If

4-27     in the opinion of the medical examiner an autopsy is necessary, or

 5-1     if such is requested by the district attorney or criminal district

 5-2     attorney, or county attorney where there is no district attorney or

 5-3     criminal district attorney, the autopsy shall be immediately

 5-4     performed by the medical examiner or a duly authorized deputy.  In

 5-5     those cases where a complete autopsy is deemed unnecessary by the

 5-6     medical examiner to ascertain the cause of death, the medical

 5-7     examiner may perform a limited autopsy involving the taking of

 5-8     blood samples or any other samples of body fluids, tissues or

 5-9     organs, in order to ascertain the cause of death or whether a crime

5-10     has been committed.  In the case of a body of a human being whose

5-11     identity is unknown, the medical examiner may authorize such

5-12     investigative and laboratory tests and processes as are required to

5-13     determine its identity as well as the cause of death.  In

5-14     performing an autopsy the medical examiner or authorized deputy may

5-15     use the facilities of any city or county hospital within the county

5-16     or such other facilities as are made available.  Upon completion of

5-17     the autopsy, the medical examiner shall file a report setting forth

5-18     the findings in detail with the office of the district attorney or

5-19     criminal district attorney of the county, or if there is no

5-20     district attorney or criminal district attorney, with the county

5-21     attorney of the county.

5-22           (b)  A medical examination on an unidentified person shall

5-23     include the following information to enable a timely and accurate

5-24     identification of  the person:

5-25                 (1)  all available fingerprints and palm prints;

5-26                 (2)  dental charts and radiographs (X-rays) of the

5-27     person's teeth;

 6-1                 (3)  frontal and lateral facial photographs with scale

 6-2     indicated;

 6-3                 (4)  notation and photographs, with scale indicated, of

 6-4     a significant scar, mark, tattoo, or item of clothing or other

 6-5     personal effect found with or near the body;

 6-6                 (5)  full body radiographs (X-rays);

 6-7                 (6)  notation of antemortem medical conditions;

 6-8                 (7)  hair specimens with roots;

 6-9                 (8)  notation of observations pertinent to the

6-10     estimation of time of death; and

6-11                 (9)  precise documentation of the location of burial of

6-12     the remains.

6-13           Sec. 10b.  DISPOSAL OF UNIDENTIFIED BODY.  The body of an

6-14     unidentified deceased person shall be buried.  The funeral service

6-15     responsible for the burial shall record and maintain all

6-16     information pertaining to the body and the location of burial.

6-17           Sec. 13.  USE OF FORENSIC ANTHROPOLOGIST.  On discovering the

6-18     body of a deceased person in the circumstances described by

6-19     Subdivision 3(B) of Section 6(a) of this Article, the medical

6-20     examiner shall request the aid of a forensic anthropologist in the

6-21     examination of the body.  The forensic anthropologist must be

6-22     board-certified by a nationally recognized association that

6-23     accredits practitioners in the forensic sciences.  The forensic

6-24     anthropologist shall attempt to establish whether the body is of a

6-25     human or animal, whether evidence of childbirth, injury, or disease

6-26     exists, and the sex, race, age, stature, and physical anomalies of

6-27     the body.  The forensic anthropologist shall also attempt to

 7-1     establish the cause, manner, and time of death.

 7-2           Sec. 14.  PENALTY.  Any person in violation of any provision

 7-3     of this Article, upon conviction, shall be punished by a fine of

 7-4     not more than $5,000 [five hundred dollars] or by imprisonment in

 7-5     the county jail for not more than 180 [thirty] days or both  such

 7-6     fine and imprisonment.

 7-7           SECTION 3.  Chapter 79, Human Resources Code, is transferred

 7-8     to Title 1, Code of Criminal Procedure, redesignated as Chapter 62

 7-9     of that code, and amended to read as follows:

7-10                     CHAPTER 62 [79].  MISSING CHILDREN

7-11                             AND MISSING PERSONS

7-12           Sec. 62.001 [79.001].  DEFINITIONS.  In this chapter:

7-13                 (1)  "Child" means a person under 18 years of age.

7-14                 (2)  "Missing person" means a person 18 years old or

7-15     older whose disappearance is possibly not voluntary.

7-16                 (3)  "Missing child" means a child whose whereabouts

7-17     are unknown to the child's legal custodian, the circumstances of

7-18     whose absence indicate that:

7-19                       (A)  the child did not voluntarily leave the care

7-20     and control of the custodian, and the taking of the child was not

7-21     authorized by law; or

7-22                       (B)  the child voluntarily left the care and

7-23     control of his legal custodian without the custodian's consent and

7-24     without intent to return.

7-25                 (4)  "Missing child" or "missing person" also includes

7-26     a person of any age who is missing and:

7-27                       (A)  is under proven physical or mental

 8-1     disability or is senile, and because of one or more of these

 8-2     conditions is subject to immediate danger or is a danger to others;

 8-3                       (B)  is in the company of another person or is in

 8-4     a situation the circumstances of which indicate that the missing

 8-5     child's or missing person's safety is in doubt; or

 8-6                       (C)  is unemancipated as defined by the law of

 8-7     this state.

 8-8                 (5)  "Missing child or missing person report" or

 8-9     "report" means information that is:

8-10                       (A)  given to a law enforcement agency on a form

8-11     used for sending information to the national crime information

8-12     center; and

8-13                       (B)  about a child or missing person whose

8-14     whereabouts are unknown to the reporter and who is alleged in the

8-15     form by the reporter to be missing.

8-16                 (6)  "Legal custodian of a child" means a parent of a

8-17     child if no managing conservator or guardian of the person of the

8-18     child has been appointed, the managing conservator of a child or a

8-19     guardian of a child if a managing conservator or guardian has been

8-20     appointed for the child, a possessory conservator of a child if the

8-21     child is absent from the possessory conservator of the child at a

8-22     time when the possessory conservator is entitled to possession of

8-23     the child and the child is not believed to be with the managing

8-24     conservator, or any other person who has assumed temporary care and

8-25     control of a child if at the time of disappearance the child was

8-26     not living with his parent, guardian, managing conservator, or

8-27     possessory conservator.

 9-1                 (7)  "Clearinghouse" means the missing children and

 9-2     missing persons information clearinghouse.

 9-3                 (8)  "Law enforcement agency" means a police department

 9-4     of a city in this state, a sheriff of a county in this state, or

 9-5     the Department of Public Safety.

 9-6                 (9)  "Possible match" occurs if the similarities

 9-7     between an unidentified body and a missing child or person would

 9-8     lead one to believe they are the same person.

 9-9                 (10)  "City or state agency" means an employment

9-10     commission, the Texas Department of Human Services, the Texas

9-11     Department of Transportation, and any other agency that is funded

9-12     or supported by the state or a city government.

9-13           Sec. 62.002 [79.002].  MISSING CHILDREN AND MISSING PERSONS

9-14     INFORMATION CLEARINGHOUSE.  (a)  The missing children and missing

9-15     persons  information clearinghouse is established within the

9-16     Department of Public Safety.

9-17           (b)  The clearinghouse is under the administrative direction

9-18     of the director of the department.

9-19           (c)  The clearinghouse shall be used by all law enforcement

9-20     agencies of the state.

9-21           Sec. 62.003 [79.003].  FUNCTION OF CLEARINGHOUSE.  (a) The

9-22     clearinghouse is a central  repository of information on missing

9-23     children and missing persons.

9-24           (b)  The clearinghouse shall:

9-25                 (1)  establish a system of intrastate communication of

9-26     information relating to missing children and missing persons;

9-27                 (2)  provide a centralized file for the exchange of

 10-1    information on missing children, missing persons, and unidentified

 10-2    dead bodies within the state;

 10-3                (3)  communicate with the national crime information

 10-4    center for the exchange of information on missing children and

 10-5    missing persons suspected of interstate travel;

 10-6                (4)  collect, process, maintain, and disseminate

 10-7    accurate and complete information on missing children and missing

 10-8    persons;

 10-9                (5)  provide a statewide toll-free telephone line for

10-10    the reporting of missing children and missing persons and for

10-11    receiving information on missing children and missing persons; and

10-12                (6)  provide and disseminate to legal custodians, law

10-13    enforcement agencies, and the Texas [Central] Education Agency

10-14    information that explains how to prevent child abduction and what

10-15    to do if a child becomes missing.

10-16          Sec. 62.004 [79.004].  REPORT FORMS.  (a)  The Department of

10-17    Public Safety shall distribute missing children and missing person

10-18    report forms.

10-19          (b)  A missing child or missing person report may be made to

10-20    a law enforcement officer authorized by that department to receive

10-21    reports in person or by telephone or other indirect method of

10-22    communication and the officer may enter the information on the form

10-23    for the reporting person.  A report form may also be completed by

10-24    the reporting person and delivered to a law enforcement officer.

10-25          Sec. 62.005 [79.005].  DISTRIBUTION OF INFORMATION.  (a)  The

10-26    clearinghouse shall print and distribute posters, flyers, and other

10-27    forms of information containing descriptions of missing children.

 11-1          (b)  The clearinghouse shall also provide to the Texas

 11-2    [Central] Education Agency information about missing children who

 11-3    may be located in the school systems.

 11-4          (c)  The clearinghouse may also receive information about

 11-5    missing children from the Public Education Information Management

 11-6    System of the Texas [Central] Education Agency and from school

 11-7    districts.

 11-8          Sec. 62.006 [79.006].  RELEASE OF DENTAL RECORDS.  (a)  At

 11-9    the time a report is made for a missing child, the person to whom

11-10    the report is given shall give or mail to the reporter a dental

11-11    record release form.  The officer receiving the report shall

11-12    endorse the form with the notation that a missing child report has

11-13    been made in compliance with this chapter.  When the form is

11-14    properly completed by the reporter, and contains the endorsement,

11-15    the form is sufficient to permit any dentist or physician in this

11-16    state to release dental records relating to the child reported

11-17    missing.

11-18          (b)  At any time a report is made for a missing person the

11-19    law enforcement officer taking the report may complete a dental

11-20    release form that states that the person is missing and that there

11-21    is reason to believe that the person has not voluntarily relocated

11-22    or removed himself from communications with others and that

11-23    authorizes the bearer of the release to obtain dental information

11-24    records from any dentist or physician in this state.

11-25          (c)  Any person who obtains dental records through the use of

11-26    the form authorized by this section shall send the records to the

11-27    clearinghouse.

 12-1          (d)  The judge of any court of record of this state may for

 12-2    good cause shown authorize the release of dental records of a

 12-3    missing child or missing person.

 12-4          (e)  A dentist or physician who releases dental records to a

 12-5    person presenting a proper release executed or ordered under this

 12-6    section is immune from civil liability or criminal prosecution for

 12-7    the release of those records.

 12-8          Sec. 62.007 [79.0065].  RELEASE OF MEDICAL RECORDS.  (a)  At

 12-9    the time a report is made for a missing child or adult, the law

12-10    enforcement officer taking the report shall give a medical record

12-11    release form to the parent, spouse, adult child, or legal guardian

12-12    who is making the report.  The officer receiving the report shall

12-13    endorse the form with the notation that a missing child or missing

12-14    adult report has been made in compliance with this chapter.  When

12-15    the form is properly completed by the parent, spouse, adult child,

12-16    or legal guardian, and contains the  endorsement, the form is

12-17    sufficient to permit any physician, health care facility, or other

12-18    licensed health care provider in this state to release to the law

12-19    enforcement officer presenting the release dental records, blood

12-20    type, height, weight, X rays, and information regarding scars,

12-21    allergies, or any unusual illnesses suffered by the person who is

12-22    reported missing.  Except as provided by Subsection (d), a medical

12-23    record of a missing child may be released only if the medical

12-24    record release form is signed by a parent or legal guardian.

12-25          (b)  At any time a report is made for an adult missing

12-26    person, the law enforcement officer taking the report shall

12-27    complete a medical release form that states that the person is

 13-1    missing and that there is reason to believe that the person has not

 13-2    voluntarily relocated or removed himself or herself from

 13-3    communications with others.  A release under this subsection is not

 13-4    valid unless it is signed by the adult missing person's:

 13-5                (1)  spouse;

 13-6                (2)  adult child who is reasonably available;

 13-7                (3)  parent; or

 13-8                (4)  legal guardian.

 13-9          (c)  A law enforcement officer who obtains medical records

13-10    under this section shall send a copy of the records to the

13-11    clearinghouse.  A law enforcement officer who obtains records under

13-12    this section, a law enforcement agency using the records, and the

13-13    clearinghouse are prohibited from disclosing the information

13-14    contained in or obtained through the medical records unless

13-15    permitted by law.  Information contained in or obtained through

13-16    medical records may be used only for purposes directly related to

13-17    locating the missing person.

13-18          (d)  The judge of any court of record of this state may for

13-19    good cause shown authorize the release of pertinent medical records

13-20    of a missing child or missing adult.

13-21          (e)  A physician, health care facility, or other licensed

13-22    health care provider releasing a medical record to a person

13-23    presenting a proper release executed or ordered under this section

13-24    is immune from civil liability or criminal prosecution for the

13-25    release of the record.

13-26          Sec. 62.008 [79.007].  MISSING CHILDREN PROGRAM.  (a)  The

13-27    Texas [Central] Education Agency shall develop and administer a

 14-1    program for the location of missing children who may be enrolled

 14-2    within the Texas school system, including nonpublic schools, and

 14-3    for the reporting of children who may be missing or who may be

 14-4    unlawfully removed from schools.

 14-5          (b)  The program shall include the use of information

 14-6    received from the missing children and missing persons information

 14-7    clearinghouse and shall be coordinated with the operations of that

 14-8    information clearinghouse.

 14-9          (c)  The State Board of Education may adopt rules for the

14-10    operation of the program and shall require the participation of all

14-11    school districts and accredited private schools in this state.

14-12          Sec. 62.009 [79.008].  LAW ENFORCEMENT REQUIREMENTS.  (a)

14-13    Local law enforcement agencies, on receiving a report of a missing

14-14    child or a missing person, shall:

14-15                (1)  if the subject of the report is a child and the

14-16    well-being of the child is in danger, immediately start an

14-17    investigation in order to  determine the present location of the

14-18    child;

14-19                (2)  if the subject of the report is a person other

14-20    than a child or if the subject of the report is a child whose

14-21    well-being is not considered to be in danger, start an

14-22    investigation with due diligence in order to determine the present

14-23    location of the person; and

14-24                (3)  immediately enter the name of the child or person

14-25    into the clearinghouse and the national crime information center

14-26    missing person file if the child or person meets the center's

14-27    criteria, with all available identifying features such as dental

 15-1    records, fingerprints, other physical characteristics, and a

 15-2    description of the clothing worn when last seen.

 15-3          (b)  Information not immediately available shall be obtained

 15-4    by the agency and entered into the clearinghouse and the national

 15-5    crime information center file as a supplement to the original entry

 15-6    as soon as possible.

 15-7          (c)  All Texas law enforcement agencies are required to enter

 15-8    information about all unidentified bodies into the clearinghouse

 15-9    and the national crime information center unidentified person file.

15-10    A [The] law enforcement agency [agencies] shall, not later than the

15-11    seventh working day after the date the death is reported to the

15-12    agency, [immediately] enter all available identifying features of

15-13    the unidentified body (fingerprints, dental records, any unusual

15-14    physical characteristics, and a description of the clothing found

15-15    on the body) into the clearinghouse and the national crime

15-16    information center file.  If an information entry into the national

15-17    crime information center file results in an automatic entry of the

15-18    information into the clearinghouse, the law enforcement agency is

15-19    not required to make a direct entry of that information into the

15-20    clearinghouse.

15-21          Sec. 62.010 [79.009].  ATTORNEY GENERAL TO REQUIRE

15-22    COMPLIANCE.  The attorney general shall require each law

15-23    enforcement agency to comply with this chapter and may seek writs

15-24    of mandamus or other appropriate remedies to enforce this chapter.

15-25          Sec. 62.011 [79.010].  MISSING CHILDREN INVESTIGATIONS.  On

15-26    the written request made to a law enforcement agency by a parent,

15-27    foster parent, managing or possessory conservator, guardian of the

 16-1    person or the estate, or other court-appointed custodian of a child

 16-2    whose whereabouts are unknown, the law enforcement agency shall

 16-3    request from the missing children and missing persons information

 16-4    clearinghouse information concerning the child that may aid the

 16-5    person making the request in the identification or location of the

 16-6    child.

 16-7          Sec. 62.012 [79.011].  REPORT OF INQUIRY.  A law enforcement

 16-8    agency to which a request has been made under Section 62.011

 16-9    [79.010] of this code shall report to the parent on the results of

16-10    its inquiry within 14 days after the day that the written request

16-11    is filed with the law enforcement agency.

16-12          Sec. 62.013 [79.012].  INFORMATION TO CLEARINGHOUSE.  Each

16-13    law enforcement agency shall provide to the missing children and

16-14    missing persons information clearinghouse any information that

16-15    would assist in the location or identification of any missing child

16-16    who has been reported to the agency as missing.

16-17          Sec. 62.014 [79.013].  CROSS-CHECKING AND MATCHING.  (a)  The

16-18    clearinghouse shall cross-check and attempt to match unidentified

16-19    bodies with  missing children or missing persons.  When the

16-20    clearinghouse discovers a possible match between an unidentified

16-21    body and a missing child or missing person, the Department of

16-22    Public Safety shall notify the appropriate law enforcement

16-23    agencies.

16-24          (b)  Those law enforcement agencies that receive notice of a

16-25    possible match shall make arrangements for positive identification

16-26    and complete and close out the investigation with notification to

16-27    the clearinghouse.

 17-1          Sec. 62.015 [79.014].  AVAILABILITY OF INFORMATION THROUGH

 17-2    OTHER AGENCIES.  (a)  On the request of any law enforcement agency

 17-3    a city or state agency shall furnish the law enforcement agency

 17-4    with any information about a missing child or missing person that

 17-5    will assist in completing the investigation.

 17-6          (b)  The information given under Subsection (a)  of this

 17-7    section is confidential and may not be released to any other person

 17-8    outside of the law enforcement agency.

 17-9          Sec. 62.016 [79.015].  DONATIONS.  The Department of Public

17-10    Safety may accept money donated from any source to assist in

17-11    financing the activities and purposes of the missing children and

17-12    missing persons information clearinghouse.

17-13          Sec. 62.017 [79.016].  CONFIDENTIALITY OF CERTAIN RECORDS.

17-14    Clearinghouse records that relate to the investigation by a law

17-15    enforcement agency of a missing child, a missing person, or an

17-16    unidentified body and records or notations that the clearinghouse

17-17    maintains for internal use in matters relating to missing children,

17-18    missing persons, or unidentified bodies are confidential.

17-19          Sec. 62.018.  DEATH CERTIFICATES.  A physician who performs a

17-20    postmortem examination on the body of an unidentified deceased

17-21    person shall issue a death certificate and file the certificate

17-22    with the vital statistics division of the Texas Department of Human

17-23    Resources.  The physician shall note on the certificate the name of

17-24    the law enforcement agency that submitted the body for examination

17-25    and shall send a copy of the certificate to the  clearinghouse not

17-26    later than the fifth working day after the date the physician

17-27    issues the certificate.  A physician commits an offense if the

 18-1    physician violates this section.  An offense under this section is

 18-2    punishable by a fine of not more than $2,000, by confinement in the

 18-3    county jail for not more than 90 days, or by both the fine and

 18-4    confinement.

 18-5          SECTION 4.  This Act takes effect September 1, 1997.  The

 18-6    change in law made by Section 2 of this Act applies only to an

 18-7    offense committed on or after the effective date of this Act.  An

 18-8    offense committed before the effective date of this Act is covered

 18-9    by the law in  effect when the offense was committed, and the

18-10    former law is continued in effect for that purpose.  For purposes

18-11    of this  section, an offense was committed before the effective

18-12    date of this Act if any element of the offense occurred before that

18-13    date.

18-14          SECTION 5.  The importance of this legislation and the

18-15    crowded condition of the calendars in both houses create an

18-16    emergency and an imperative public necessity that the

18-17    constitutional rule requiring bills to be read on three several

18-18    days in each house be suspended, and this rule is hereby suspended.