By Crabb H.B. No. 2899
75R7487 KEL-F
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 Sec. 62.001 [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 Sec. 62.002 [79.002]. MISSING CHILDREN AND MISSING PERSONS
3-18 INFORMATION CLEARINGHOUSE. (a) The missing children and missing
3-19 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 Sec. 62.003 [79.003]. FUNCTION OF CLEARINGHOUSE. (a) The
3-26 clearinghouse is a central repository of information on missing
3-27 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 Sec. 62.004 [79.004]. REPORT FORMS. (a) The Department of
4-21 Public Safety shall distribute missing children and missing person
4-22 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 Sec. 62.005 [79.005]. DISTRIBUTION OF INFORMATION. (a) The
5-3 clearinghouse shall print and distribute posters, flyers, and other
5-4 forms of information containing descriptions of missing children.
5-5 (b) The clearinghouse shall also provide to the Texas
5-6 [Central] Education Agency information about missing children who
5-7 may be located in the school systems.
5-8 (c) The clearinghouse may also receive information about
5-9 missing children from the Public Education Information Management
5-10 System of the Texas [Central] Education Agency and from school
5-11 districts.
5-12 Sec. 62.006 [79.006]. RELEASE OF DENTAL RECORDS. (a) At
5-13 the time a report is made for a missing child, the person to whom
5-14 the report is given shall give or mail to the reporter a dental
5-15 record release form. The officer receiving the report shall
5-16 endorse the form with the notation that a missing child report has
5-17 been made in compliance with this chapter. When the form is
5-18 properly completed by the reporter, and contains the endorsement,
5-19 the form is sufficient to permit any dentist or physician in this
5-20 state to release dental records relating to the child reported
5-21 missing.
5-22 (b) At any time a report is made for a missing person the
5-23 law enforcement officer taking the report may complete a dental
5-24 release form that states that the person is missing and that there
5-25 is reason to believe that the person has not voluntarily relocated
5-26 or removed himself from communications with others and that
5-27 authorizes the bearer of the release to obtain dental information
6-1 records from any dentist or physician in this state.
6-2 (c) Any person who obtains dental records through the use of
6-3 the form authorized by this section shall send the records to the
6-4 clearinghouse.
6-5 (d) The judge of any court of record of this state may for
6-6 good cause shown authorize the release of dental records of a
6-7 missing child or missing person.
6-8 (e) A dentist or physician who releases dental records to a
6-9 person presenting a proper release executed or ordered under this
6-10 section is immune from civil liability or criminal prosecution for
6-11 the release of those records.
6-12 Sec. 62.007 [79.0065]. RELEASE OF MEDICAL RECORDS. (a) At
6-13 the time a report is made for a missing child or adult, the law
6-14 enforcement officer taking the report shall give a medical record
6-15 release form to the parent, spouse, adult child, or legal guardian
6-16 who is making the report. The officer receiving the report shall
6-17 endorse the form with the notation that a missing child or missing
6-18 adult report has been made in compliance with this chapter. When
6-19 the form is properly completed by the parent, spouse, adult child,
6-20 or legal guardian, and contains the endorsement, the form is
6-21 sufficient to permit any physician, health care facility, or other
6-22 licensed health care provider in this state to release to the law
6-23 enforcement officer presenting the release dental records, blood
6-24 type, height, weight, X rays, and information regarding scars,
6-25 allergies, or any unusual illnesses suffered by the person who is
6-26 reported missing. Except as provided by Subsection (d), a medical
6-27 record of a missing child may be released only if the medical
7-1 record release form is signed by a parent or legal guardian.
7-2 (b) At any time a report is made for an adult missing
7-3 person, the law enforcement officer taking the report shall
7-4 complete a medical release form that states that the person is
7-5 missing and that there is reason to believe that the person has not
7-6 voluntarily relocated or removed himself or herself from
7-7 communications with others. A release under this subsection is not
7-8 valid unless it is signed by the adult missing person's:
7-9 (1) spouse;
7-10 (2) adult child who is reasonably available;
7-11 (3) parent; or
7-12 (4) legal guardian.
7-13 (c) A law enforcement officer who obtains medical records
7-14 under this section shall send a copy of the records to the
7-15 clearinghouse. A law enforcement officer who obtains records under
7-16 this section, a law enforcement agency using the records, and the
7-17 clearinghouse are prohibited from disclosing the information
7-18 contained in or obtained through the medical records unless
7-19 permitted by law. Information contained in or obtained through
7-20 medical records may be used only for purposes directly related to
7-21 locating the missing person.
7-22 (d) The judge of any court of record of this state may for
7-23 good cause shown authorize the release of pertinent medical records
7-24 of a missing child or missing adult.
7-25 (e) A physician, health care facility, or other licensed
7-26 health care provider releasing a medical record to a person
7-27 presenting a proper release executed or ordered under this section
8-1 is immune from civil liability or criminal prosecution for the
8-2 release of the record.
8-3 Sec. 62.008 [79.007]. MISSING CHILDREN PROGRAM. (a) The
8-4 Texas [Central] Education Agency shall develop and administer a
8-5 program for the location of missing children who may be enrolled
8-6 within the Texas school system, including nonpublic schools, and
8-7 for the reporting of children who may be missing or who may be
8-8 unlawfully removed from schools.
8-9 (b) The program shall include the use of information
8-10 received from the missing children and missing persons information
8-11 clearinghouse and shall be coordinated with the operations of that
8-12 information clearinghouse.
8-13 (c) The State Board of Education may adopt rules for the
8-14 operation of the program and shall require the participation of all
8-15 school districts and accredited private schools in this state.
8-16 Sec. 62.009 [79.008]. LAW ENFORCEMENT REQUIREMENTS. (a)
8-17 Local law enforcement agencies, on receiving a report of a missing
8-18 child or a missing person, shall:
8-19 (1) if the subject of the report is a child and the
8-20 well-being of the child is in danger, immediately start an
8-21 investigation in order to determine the present location of the
8-22 child;
8-23 (2) if the subject of the report is a person other
8-24 than a child or if the subject of the report is a child whose
8-25 well-being is not considered to be in danger, start an
8-26 investigation with due diligence in order to determine the present
8-27 location of the person; and
9-1 (3) immediately enter the name of the child or person
9-2 into the clearinghouse and the national crime information center
9-3 missing person file if the child or person meets the center's
9-4 criteria, with all available identifying features such as dental
9-5 records, fingerprints, other physical characteristics, and a
9-6 description of the clothing worn when last seen.
9-7 (b) Information not immediately available shall be obtained
9-8 by the agency and entered into the clearinghouse and the national
9-9 crime information center file as a supplement to the original entry
9-10 as soon as possible.
9-11 (c) All Texas law enforcement agencies are required to enter
9-12 information about all unidentified bodies into the clearinghouse
9-13 and the national crime information center unidentified person file.
9-14 A [The] law enforcement agency [agencies] shall, not later than the
9-15 10th working day after the date the death is reported to the
9-16 agency, [immediately] enter all available identifying features of
9-17 the unidentified body (fingerprints, dental records, any unusual
9-18 physical characteristics, and a description of the clothing found
9-19 on the body) into the clearinghouse and the national crime
9-20 information center file. If an information entry into the national
9-21 crime information center file results in an automatic entry of the
9-22 information into the clearinghouse, the law enforcement agency is
9-23 not required to make a direct entry of that information into the
9-24 clearinghouse.
9-25 Sec. 62.010 [79.009]. ATTORNEY GENERAL TO REQUIRE
9-26 COMPLIANCE. The attorney general shall require each law
9-27 enforcement agency to comply with this chapter and may seek writs
10-1 of mandamus or other appropriate remedies to enforce this chapter.
10-2 Sec. 62.011 [79.010]. MISSING CHILDREN INVESTIGATIONS. On
10-3 the written request made to a law enforcement agency by a parent,
10-4 foster parent, managing or possessory conservator, guardian of the
10-5 person or the estate, or other court-appointed custodian of a child
10-6 whose whereabouts are unknown, the law enforcement agency shall
10-7 request from the missing children and missing persons information
10-8 clearinghouse information concerning the child that may aid the
10-9 person making the request in the identification or location of the
10-10 child.
10-11 Sec. 62.012 [79.011]. REPORT OF INQUIRY. A law enforcement
10-12 agency to which a request has been made under Section 62.011
10-13 [79.010] of this code shall report to the parent on the results of
10-14 its inquiry within 14 days after the day that the written request
10-15 is filed with the law enforcement agency.
10-16 Sec. 62.013 [79.012]. INFORMATION TO CLEARINGHOUSE. Each
10-17 law enforcement agency shall provide to the missing children and
10-18 missing persons information clearinghouse any information that
10-19 would assist in the location or identification of any missing child
10-20 who has been reported to the agency as missing.
10-21 Sec. 62.014 [79.013]. CROSS-CHECKING AND MATCHING. (a) The
10-22 clearinghouse shall cross-check and attempt to match unidentified
10-23 bodies with missing children or missing persons. When the
10-24 clearinghouse discovers a possible match between an unidentified
10-25 body and a missing child or missing person, the Department of
10-26 Public Safety shall notify the appropriate law enforcement
10-27 agencies.
11-1 (b) Those law enforcement agencies that receive notice of a
11-2 possible match shall make arrangements for positive identification
11-3 and complete and close out the investigation with notification to
11-4 the clearinghouse.
11-5 Sec. 62.015 [79.014]. AVAILABILITY OF INFORMATION THROUGH
11-6 OTHER AGENCIES. (a) On the request of any law enforcement agency,
11-7 a city or state agency shall furnish the law enforcement agency
11-8 with any information about a missing child or missing person that
11-9 will assist in completing the investigation.
11-10 (b) The information given under Subsection (a) of this
11-11 section is confidential and may not be released to any other person
11-12 outside of the law enforcement agency.
11-13 Sec. 62.016 [79.015]. DONATIONS. The Department of Public
11-14 Safety may accept money donated from any source to assist in
11-15 financing the activities and purposes of the missing children and
11-16 missing persons information clearinghouse.
11-17 Sec. 62.017 [79.016]. CONFIDENTIALITY OF CERTAIN RECORDS.
11-18 Clearinghouse records that relate to the investigation by a law
11-19 enforcement agency of a missing child, a missing person, or an
11-20 unidentified body and records or notations that the clearinghouse
11-21 maintains for internal use in matters relating to missing children,
11-22 missing persons, or unidentified bodies are confidential.
11-23 Sec. 62.018. DEATH CERTIFICATES. A physician who performs a
11-24 postmortem examination on the body of an unidentified person shall
11-25 issue a death certificate and file the certificate with the vital
11-26 statistics division of the Texas Department of Human Resources.
11-27 The physician shall note on the certificate the name of the law
12-1 enforcement agency that submitted the body for examination and
12-2 shall send a copy of the certificate to the clearinghouse not later
12-3 than the 10th working day after the date the physician issues the
12-4 certificate.
12-5 SECTION 2. This Act takes effect September 1, 1997.
12-6 SECTION 3. The importance of this legislation and the
12-7 crowded condition of the calendars in both houses create an
12-8 emergency and an imperative public necessity that the
12-9 constitutional rule requiring bills to be read on three several
12-10 days in each house be suspended, and this rule is hereby suspended.