By Crabb H.B. No. 2899
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development of information to identify missing
1-3 children or persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 79, Human Resources Code, is transferred
1-6 to Title 1, Code of Criminal Procedure, redesignated as Chapter 62
1-7 of that code, and amended to read as follows:
1-8 CHAPTER 62 [79]. MISSING CHILDREN
1-9 AND MISSING PERSONS
1-10 Art. 62.001 [Sec. 79.001]. DEFINITIONS. In this chapter:
1-11 (1) "Child" means a person under 18 years of age.
1-12 (2) "Missing person" means a person 18 years old or
1-13 older whose disappearance is possibly not voluntary.
1-14 (3) "Missing child" means a child whose whereabouts
1-15 are unknown to the child's legal custodian, the circumstances of
1-16 whose absence indicate that:
1-17 (A) the child did not voluntarily leave the care
1-18 and control of the custodian, and the taking of the child was not
1-19 authorized by law; [or]
1-20 (B) the child voluntarily left the care and
1-21 control of his legal custodian without the custodian's consent and
1-22 without intent to return; or
1-23 (C) the child was taken or retained in violation
1-24 of the express terms of a court order or judgment governing custody
2-1 of the child.
2-2 (4) "Missing child" or "missing person" also includes
2-3 a person of any age who is missing and:
2-4 (A) is under proven physical or mental
2-5 disability or is senile, and because of one or more of these
2-6 conditions is subject to immediate danger or is a danger to others;
2-7 (B) is in the company of another person or is in
2-8 a situation the circumstances of which indicate that the missing
2-9 child's or missing person's safety is in doubt; or
2-10 (C) is unemancipated as defined by the law of
2-11 this state.
2-12 (5) "Missing child or missing person report" or
2-13 "report" means information that is:
2-14 (A) given to a law enforcement agency on a form
2-15 used for sending information to the national crime information
2-16 center; and
2-17 (B) about a child or missing person whose
2-18 whereabouts are unknown to the reporter and who is alleged in the
2-19 form by the reporter to be missing.
2-20 (6) "Legal custodian of a child" means a parent of a
2-21 child if no managing conservator or guardian of the person of the
2-22 child has been appointed, the managing conservator of a child or a
2-23 guardian of a child if a managing conservator or guardian has been
2-24 appointed for the child, a possessory conservator of a child if the
2-25 child is absent from the possessory conservator of the child at a
2-26 time when the possessory conservator is entitled to possession of
2-27 the child and the child is not believed to be with the managing
3-1 conservator, or any other person who has assumed temporary care and
3-2 control of a child if at the time of disappearance the child was
3-3 not living with his parent, guardian, managing conservator, or
3-4 possessory conservator.
3-5 (7) "Clearinghouse" means the missing children and
3-6 missing persons information clearinghouse.
3-7 (8) "Law enforcement agency" means a police department
3-8 of a city in this state, a sheriff of a county in this state, or
3-9 the Department of Public Safety.
3-10 (9) "Possible match" occurs if the similarities
3-11 between an unidentified body and a missing child or person would
3-12 lead one to believe they are the same person.
3-13 (10) "City or state agency" means an employment
3-14 commission, the Texas Department of Human Services, the Texas
3-15 Department of Transportation, and any other agency that is funded
3-16 or supported by the state or a city government.
3-17 Art. 62.002 [Sec. 79.002]. MISSING CHILDREN AND MISSING
3-18 PERSONS INFORMATION CLEARINGHOUSE. (a) The missing children and
3-19 missing persons information clearinghouse is established within the
3-20 Department of Public Safety.
3-21 (b) The clearinghouse is under the administrative direction
3-22 of the director of the department.
3-23 (c) The clearinghouse shall be used by all law enforcement
3-24 agencies of the state.
3-25 Art. 62.003 [Sec. 79.003]. FUNCTION OF CLEARINGHOUSE. (a)
3-26 The clearinghouse is a central repository of information on
3-27 missing children and missing persons.
4-1 (b) The clearinghouse shall:
4-2 (1) establish a system of intrastate communication of
4-3 information relating to missing children and missing persons;
4-4 (2) provide a centralized file for the exchange of
4-5 information on missing children, missing persons, and unidentified
4-6 dead bodies within the state;
4-7 (3) communicate with the national crime information
4-8 center for the exchange of information on missing children and
4-9 missing persons suspected of interstate travel;
4-10 (4) collect, process, maintain, and disseminate
4-11 accurate and complete information on missing children and missing
4-12 persons;
4-13 (5) provide a statewide toll-free telephone line for
4-14 the reporting of missing children and missing persons and for
4-15 receiving information on missing children and missing persons; and
4-16 (6) provide and disseminate to legal custodians, law
4-17 enforcement agencies, and the Texas [Central] Education Agency
4-18 information that explains how to prevent child abduction and what
4-19 to do if a child becomes missing.
4-20 Art. 62.004 [Sec. 79.004]. REPORT FORMS. (a) The
4-21 Department of Public Safety shall distribute missing children and
4-22 missing person report forms.
4-23 (b) A missing child or missing person report may be made to
4-24 a law enforcement officer authorized by that department to receive
4-25 reports in person or by telephone or other indirect method of
4-26 communication and the officer may enter the information on the form
4-27 for the reporting person. A report form may also be completed by
5-1 the reporting person and delivered to a law enforcement officer.
5-2 Art. 62.005 [Sec. 79.005]. DISTRIBUTION OF INFORMATION. (a)
5-3 The clearinghouse shall print and distribute posters, flyers, and
5-4 other forms of information containing descriptions of missing
5-5 children.
5-6 (b) The clearinghouse shall also provide to the Texas
5-7 [Central] Education Agency information about missing children who
5-8 may be located in the school systems.
5-9 (c) The clearinghouse may also receive information about
5-10 missing children from the Public Education Information Management
5-11 System of the Texas [Central] Education Agency and from school
5-12 districts.
5-13 Art. 62.006 [Sec. 79.006]. RELEASE OF DENTAL RECORDS. (a)
5-14 At the time a report is made for a missing child, the person to
5-15 whom the report is given shall give or mail to the reporter a
5-16 dental record release form. The officer receiving the report shall
5-17 endorse the form with the notation that a missing child report has
5-18 been made in compliance with this chapter. When the form is
5-19 properly completed by the reporter, and contains the endorsement,
5-20 the form is sufficient to permit any dentist or physician in this
5-21 state to release dental records relating to the child reported
5-22 missing.
5-23 (b) At any time a report is made for a missing person the
5-24 law enforcement officer taking the report may complete a dental
5-25 release form that states that the person is missing and that there
5-26 is reason to believe that the person has not voluntarily relocated
5-27 or removed himself from communications with others and that
6-1 authorizes the bearer of the release to obtain dental information
6-2 records from any dentist or physician in this state.
6-3 (c) Any person who obtains dental records through the use of
6-4 the form authorized by this section shall send the records to the
6-5 clearinghouse.
6-6 (d) The judge of any court of record of this state may for
6-7 good cause shown authorize the release of dental records of a
6-8 missing child or missing person.
6-9 (e) A dentist or physician who releases dental records to a
6-10 person presenting a proper release executed or ordered under this
6-11 section is immune from civil liability or criminal prosecution for
6-12 the release of those records.
6-13 Art. 62.007 [Sec. 79.0065]. RELEASE OF MEDICAL RECORDS. (a)
6-14 At the time a report is made for a missing child or adult, the law
6-15 enforcement officer taking the report shall give a medical record
6-16 release form to the parent, spouse, adult child, or legal guardian
6-17 who is making the report. The officer receiving the report shall
6-18 endorse the form with the notation that a missing child or missing
6-19 adult report has been made in compliance with this chapter. When
6-20 the form is properly completed by the parent, spouse, adult child,
6-21 or legal guardian, and contains the endorsement, the form is
6-22 sufficient to permit any physician, health care facility, or other
6-23 licensed health care provider in this state to release to the law
6-24 enforcement officer presenting the release dental records, blood
6-25 type, height, weight, X rays, and information regarding scars,
6-26 allergies, or any unusual illnesses suffered by the person who is
6-27 reported missing. Except as provided by Subsection (d), a medical
7-1 record of a missing child may be released only if the medical
7-2 record release form is signed by a parent or legal guardian.
7-3 (b) At any time a report is made for an adult missing
7-4 person, the law enforcement officer taking the report shall
7-5 complete a medical release form that states that the person is
7-6 missing and that there is reason to believe that the person has not
7-7 voluntarily relocated or removed himself or herself from
7-8 communications with others. A release under this subsection is not
7-9 valid unless it is signed by the adult missing person's:
7-10 (1) spouse;
7-11 (2) adult child who is reasonably available;
7-12 (3) parent; or
7-13 (4) legal guardian.
7-14 (c) A law enforcement officer who obtains medical records
7-15 under this section shall send a copy of the records to the
7-16 clearinghouse. A law enforcement officer who obtains records under
7-17 this section, a law enforcement agency using the records, and the
7-18 clearinghouse are prohibited from disclosing the information
7-19 contained in or obtained through the medical records unless
7-20 permitted by law. Information contained in or obtained through
7-21 medical records may be used only for purposes directly related to
7-22 locating the missing person.
7-23 (d) The judge of any court of record of this state may for
7-24 good cause shown authorize the release of pertinent medical records
7-25 of a missing child or missing adult.
7-26 (e) A physician, health care facility, or other licensed
7-27 health care provider releasing a medical record to a person
8-1 presenting a proper release executed or ordered under this section
8-2 is immune from civil liability or criminal prosecution for the
8-3 release of the record.
8-4 Art. 62.008 [Sec. 79.007]. MISSING CHILDREN PROGRAM. (a)
8-5 The Texas [Central] Education Agency shall develop and administer a
8-6 program for the location of missing children who may be enrolled
8-7 within the Texas school system, including nonpublic schools, and
8-8 for the reporting of children who may be missing or who may be
8-9 unlawfully removed from schools.
8-10 (b) The program shall include the use of information
8-11 received from the missing children and missing persons information
8-12 clearinghouse and shall be coordinated with the operations of that
8-13 information clearinghouse.
8-14 (c) The State Board of Education may adopt rules for the
8-15 operation of the program and shall require the participation of all
8-16 school districts and accredited private schools in this state.
8-17 Art. 62.009 [Sec. 79.008]. LAW ENFORCEMENT REQUIREMENTS.
8-18 (a) Local law enforcement agencies, on receiving a report of a
8-19 missing child or a missing person, shall:
8-20 (1) if the subject of the report is a child and the
8-21 well-being of the child is in danger, immediately start an
8-22 investigation in order to determine the present location of the
8-23 child;
8-24 (2) if the subject of the report is a person other
8-25 than a child or if the subject of the report is a child whose
8-26 well-being is not considered to be in danger, start an
8-27 investigation with due diligence in order to determine the present
9-1 location of the person; and
9-2 (3) immediately enter the name of the child or person
9-3 into the clearinghouse and the national crime information center
9-4 missing person file if the child or person meets the center's
9-5 criteria, with all available identifying features such as dental
9-6 records, fingerprints, other physical characteristics, and a
9-7 description of the clothing worn when last seen.
9-8 (b) Information not immediately available shall be obtained
9-9 by the agency and entered into the clearinghouse and the national
9-10 crime information center file as a supplement to the original entry
9-11 as soon as possible.
9-12 (c) All Texas law enforcement agencies are required to enter
9-13 information about all unidentified bodies into the clearinghouse
9-14 and the national crime information center unidentified person file.
9-15 A [The] law enforcement agency [agencies] shall, not later than the
9-16 10th working day after the date the death is reported to the
9-17 agency, [immediately] enter all available identifying features of
9-18 the unidentified body (fingerprints, dental records, any unusual
9-19 physical characteristics, and a description of the clothing found
9-20 on the body) into the clearinghouse and the national crime
9-21 information center file. If an information entry into the national
9-22 crime information center file results in an automatic entry of the
9-23 information into the clearinghouse, the law enforcement agency is
9-24 not required to make a direct entry of that information into the
9-25 clearinghouse.
9-26 Art. 62.010 [Sec. 79.009]. ATTORNEY GENERAL TO REQUIRE
9-27 COMPLIANCE. The attorney general shall require each law
10-1 enforcement agency to comply with this chapter and may seek writs
10-2 of mandamus or other appropriate remedies to enforce this chapter.
10-3 Art. 62.011 [Sec. 79.010]. MISSING CHILDREN INVESTIGATIONS.
10-4 On the written request made to a law enforcement agency by a
10-5 parent, foster parent, managing or possessory conservator, guardian
10-6 of the person or the estate, or other court-appointed custodian of
10-7 a child whose whereabouts are unknown, the law enforcement agency
10-8 shall request from the missing children and missing persons
10-9 information clearinghouse information concerning the child that may
10-10 aid the person making the request in the identification or location
10-11 of the child.
10-12 Art. 62.012 [Sec. 79.011]. REPORT OF INQUIRY. A law
10-13 enforcement agency to which a request has been made under Section
10-14 62.011 [79.010] of this code shall report to the parent on the
10-15 results of its inquiry within 14 days after the day that the
10-16 written request is filed with the law enforcement agency.
10-17 Art. 62.013 [Sec. 79.012]. INFORMATION TO CLEARINGHOUSE.
10-18 Each law enforcement agency shall provide to the missing children
10-19 and missing persons information clearinghouse any information that
10-20 would assist in the location or identification of any missing child
10-21 who has been reported to the agency as missing.
10-22 Art. 62.014 [Sec. 79.013]. CROSS-CHECKING AND MATCHING. (a)
10-23 The clearinghouse shall cross-check and attempt to match
10-24 unidentified bodies with missing children or missing persons. When
10-25 the clearinghouse discovers a possible match between an
10-26 unidentified body and a missing child or missing person, the
10-27 Department of Public Safety shall notify the appropriate law
11-1 enforcement agencies.
11-2 (b) Those law enforcement agencies that receive notice of a
11-3 possible match shall make arrangements for positive identification
11-4 and complete and close out the investigation with notification to
11-5 the clearinghouse.
11-6 Art. 62.015 [Sec. 79.014]. AVAILABILITY OF INFORMATION
11-7 THROUGH OTHER AGENCIES. (a) On the request of any law enforcement
11-8 agency, a city or state agency shall furnish the law enforcement
11-9 agency with any information about a missing child or missing person
11-10 that will assist in completing the investigation.
11-11 (b) The information given under Subsection (a) of this
11-12 section is confidential and may not be released to any other person
11-13 outside of the law enforcement agency.
11-14 Art. 62.016 [Sec. 79.015]. DONATIONS. The Department of
11-15 Public Safety may accept money donated from any source to assist in
11-16 financing the activities and purposes of the missing children and
11-17 missing persons information clearinghouse.
11-18 Art. 62.017 [Sec. 79.016]. CONFIDENTIALITY OF CERTAIN
11-19 RECORDS. Clearinghouse records that relate to the investigation by
11-20 a law enforcement agency of a missing child, a missing person, or
11-21 an unidentified body and records or notations that the
11-22 clearinghouse maintains for internal use in matters relating to
11-23 missing children, missing persons, or unidentified bodies are
11-24 confidential.
11-25 Art. 62.018. DEATH CERTIFICATES. A physician who performs a
11-26 postmortem examination on the body of an unidentified person shall
11-27 complete and file a death certificate in accordance with Chapter
12-1 193, Health and Safety Code. The physician shall note on the
12-2 certificate the name of the law enforcement agency that submitted
12-3 the body for examination and shall send a copy of the certificate
12-4 to the clearinghouse not later than the 10th working day after the
12-5 date the physician files the certificate.
12-6 SECTION 2. This Act takes effect September 1, 1997.
12-7 SECTION 3. The importance of this legislation and the
12-8 crowded condition of the calendars in both houses create an
12-9 emergency and an imperative public necessity that the
12-10 constitutional rule requiring bills to be read on three several
12-11 days in each house be suspended, and this rule is hereby suspended.