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.