1-1 By: Crabb (Senate Sponsor - Whitmire) H.B. No. 2899
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on Criminal
1-4 Justice; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the development of information to identify missing
1-9 children or persons.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 79, Human Resources Code, is transferred
1-12 to Title 1, Code of Criminal Procedure, redesignated as Chapter 62
1-13 of that code, and amended to read as follows:
1-14 CHAPTER 62 [79]. MISSING CHILDREN
1-15 AND MISSING PERSONS
1-16 Art. 62.001 [Sec. 79.001]. DEFINITIONS. In this chapter:
1-17 (1) "Child" means a person under 18 years of age.
1-18 (2) "Missing person" means a person 18 years old or
1-19 older whose disappearance is possibly not voluntary.
1-20 (3) "Missing child" means a child whose whereabouts
1-21 are unknown to the child's legal custodian, the circumstances of
1-22 whose absence indicate that:
1-23 (A) the child did not voluntarily leave the care
1-24 and control of the custodian, and the taking of the child was not
1-25 authorized by law; [or]
1-26 (B) the child voluntarily left the care and
1-27 control of his legal custodian without the custodian's consent and
1-28 without intent to return; or
1-29 (C) the child was taken or retained in violation
1-30 of the express terms of a court order or judgment governing custody
1-31 of the child.
1-32 (4) "Missing child" or "missing person" also includes
1-33 a person of any age who is missing and:
1-34 (A) is under proven physical or mental
1-35 disability or is senile, and because of one or more of these
1-36 conditions is subject to immediate danger or is a danger to others;
1-37 (B) is in the company of another person or is in
1-38 a situation the circumstances of which indicate that the missing
1-39 child's or missing person's safety is in doubt; or
1-40 (C) is unemancipated as defined by the law of
1-41 this state.
1-42 (5) "Missing child or missing person report" or
1-43 "report" means information that is:
1-44 (A) given to a law enforcement agency on a form
1-45 used for sending information to the national crime information
1-46 center; and
1-47 (B) about a child or missing person whose
1-48 whereabouts are unknown to the reporter and who is alleged in the
1-49 form by the reporter to be missing.
1-50 (6) "Legal custodian of a child" means a parent of a
1-51 child if no managing conservator or guardian of the person of the
1-52 child has been appointed, the managing conservator of a child or a
1-53 guardian of a child if a managing conservator or guardian has been
1-54 appointed for the child, a possessory conservator of a child if the
1-55 child is absent from the possessory conservator of the child at a
1-56 time when the possessory conservator is entitled to possession of
1-57 the child and the child is not believed to be with the managing
1-58 conservator, or any other person who has assumed temporary care and
1-59 control of a child if at the time of disappearance the child was
1-60 not living with his parent, guardian, managing conservator, or
1-61 possessory conservator.
1-62 (7) "Clearinghouse" means the missing children and
1-63 missing persons information clearinghouse.
1-64 (8) "Law enforcement agency" means a police department
2-1 of a city in this state, a sheriff of a county in this state, or
2-2 the Department of Public Safety.
2-3 (9) "Possible match" occurs if the similarities
2-4 between an unidentified body and a missing child or person would
2-5 lead one to believe they are the same person.
2-6 (10) "City or state agency" means an employment
2-7 commission, the Texas Department of Human Services, the Texas
2-8 Department of Transportation, and any other agency that is funded
2-9 or supported by the state or a city government.
2-10 Art. 62.002 [Sec. 79.002]. MISSING CHILDREN AND MISSING
2-11 PERSONS INFORMATION CLEARINGHOUSE. (a) The missing children and
2-12 missing persons information clearinghouse is established within the
2-13 Department of Public Safety.
2-14 (b) The clearinghouse is under the administrative direction
2-15 of the director of the department.
2-16 (c) The clearinghouse shall be used by all law enforcement
2-17 agencies of the state.
2-18 Art. 62.003 [Sec. 79.003]. FUNCTION OF CLEARINGHOUSE. (a)
2-19 The clearinghouse is a central repository of information on
2-20 missing children and missing persons.
2-21 (b) The clearinghouse shall:
2-22 (1) establish a system of intrastate communication of
2-23 information relating to missing children and missing persons;
2-24 (2) provide a centralized file for the exchange of
2-25 information on missing children, missing persons, and unidentified
2-26 dead bodies within the state;
2-27 (3) communicate with the national crime information
2-28 center for the exchange of information on missing children and
2-29 missing persons suspected of interstate travel;
2-30 (4) collect, process, maintain, and disseminate
2-31 accurate and complete information on missing children and missing
2-32 persons;
2-33 (5) provide a statewide toll-free telephone line for
2-34 the reporting of missing children and missing persons and for
2-35 receiving information on missing children and missing persons; and
2-36 (6) provide and disseminate to legal custodians, law
2-37 enforcement agencies, and the Texas [Central] Education Agency
2-38 information that explains how to prevent child abduction and what
2-39 to do if a child becomes missing.
2-40 Art. 62.004 [Sec. 79.004]. REPORT FORMS. (a) The
2-41 Department of Public Safety shall distribute missing children and
2-42 missing person report forms.
2-43 (b) A missing child or missing person report may be made to
2-44 a law enforcement officer authorized by that department to receive
2-45 reports in person or by telephone or other indirect method of
2-46 communication and the officer may enter the information on the form
2-47 for the reporting person. A report form may also be completed by
2-48 the reporting person and delivered to a law enforcement officer.
2-49 Art. 62.005 [Sec. 79.005]. DISTRIBUTION OF INFORMATION. (a)
2-50 The clearinghouse shall print and distribute posters, flyers, and
2-51 other forms of information containing descriptions of missing
2-52 children.
2-53 (b) The clearinghouse shall also provide to the Texas
2-54 [Central] Education Agency information about missing children who
2-55 may be located in the school systems.
2-56 (c) The clearinghouse may also receive information about
2-57 missing children from the Public Education Information Management
2-58 System of the Texas [Central] Education Agency and from school
2-59 districts.
2-60 Art. 62.006 [Sec. 79.006]. RELEASE OF DENTAL RECORDS. (a)
2-61 At the time a report is made for a missing child, the person to
2-62 whom the report is given shall give or mail to the reporter a
2-63 dental record release form. The officer receiving the report shall
2-64 endorse the form with the notation that a missing child report has
2-65 been made in compliance with this chapter. When the form is
2-66 properly completed by the reporter, and contains the endorsement,
2-67 the form is sufficient to permit any dentist or physician in this
2-68 state to release dental records relating to the child reported
2-69 missing.
3-1 (b) At any time a report is made for a missing person the
3-2 law enforcement officer taking the report may complete a dental
3-3 release form that states that the person is missing and that there
3-4 is reason to believe that the person has not voluntarily relocated
3-5 or removed himself from communications with others and that
3-6 authorizes the bearer of the release to obtain dental information
3-7 records from any dentist or physician in this state.
3-8 (c) Any person who obtains dental records through the use of
3-9 the form authorized by this section shall send the records to the
3-10 clearinghouse.
3-11 (d) The judge of any court of record of this state may for
3-12 good cause shown authorize the release of dental records of a
3-13 missing child or missing person.
3-14 (e) A dentist or physician who releases dental records to a
3-15 person presenting a proper release executed or ordered under this
3-16 section is immune from civil liability or criminal prosecution for
3-17 the release of those records.
3-18 Art. 62.007 [Sec. 79.0065]. RELEASE OF MEDICAL RECORDS. (a)
3-19 At the time a report is made for a missing child or adult, the law
3-20 enforcement officer taking the report shall give a medical record
3-21 release form to the parent, spouse, adult child, or legal guardian
3-22 who is making the report. The officer receiving the report shall
3-23 endorse the form with the notation that a missing child or missing
3-24 adult report has been made in compliance with this chapter. When
3-25 the form is properly completed by the parent, spouse, adult child,
3-26 or legal guardian, and contains the endorsement, the form is
3-27 sufficient to permit any physician, health care facility, or other
3-28 licensed health care provider in this state to release to the law
3-29 enforcement officer presenting the release dental records, blood
3-30 type, height, weight, X rays, and information regarding scars,
3-31 allergies, or any unusual illnesses suffered by the person who is
3-32 reported missing. Except as provided by Subsection (d), a medical
3-33 record of a missing child may be released only if the medical
3-34 record release form is signed by a parent or legal guardian.
3-35 (b) At any time a report is made for an adult missing
3-36 person, the law enforcement officer taking the report shall
3-37 complete a medical release form that states that the person is
3-38 missing and that there is reason to believe that the person has not
3-39 voluntarily relocated or removed himself or herself from
3-40 communications with others. A release under this subsection is not
3-41 valid unless it is signed by the adult missing person's:
3-42 (1) spouse;
3-43 (2) adult child who is reasonably available;
3-44 (3) parent; or
3-45 (4) legal guardian.
3-46 (c) A law enforcement officer who obtains medical records
3-47 under this section shall send a copy of the records to the
3-48 clearinghouse. A law enforcement officer who obtains records under
3-49 this section, a law enforcement agency using the records, and the
3-50 clearinghouse are prohibited from disclosing the information
3-51 contained in or obtained through the medical records unless
3-52 permitted by law. Information contained in or obtained through
3-53 medical records may be used only for purposes directly related to
3-54 locating the missing person.
3-55 (d) The judge of any court of record of this state may for
3-56 good cause shown authorize the release of pertinent medical records
3-57 of a missing child or missing adult.
3-58 (e) A physician, health care facility, or other licensed
3-59 health care provider releasing a medical record to a person
3-60 presenting a proper release executed or ordered under this section
3-61 is immune from civil liability or criminal prosecution for the
3-62 release of the record.
3-63 Art. 62.008 [Sec. 79.007]. MISSING CHILDREN PROGRAM. (a)
3-64 The Texas [Central] Education Agency shall develop and administer a
3-65 program for the location of missing children who may be enrolled
3-66 within the Texas school system, including nonpublic schools, and
3-67 for the reporting of children who may be missing or who may be
3-68 unlawfully removed from schools.
3-69 (b) The program shall include the use of information
4-1 received from the missing children and missing persons information
4-2 clearinghouse and shall be coordinated with the operations of that
4-3 information clearinghouse.
4-4 (c) The State Board of Education may adopt rules for the
4-5 operation of the program and shall require the participation of all
4-6 school districts and accredited private schools in this state.
4-7 Art. 62.009 [Sec. 79.008]. LAW ENFORCEMENT REQUIREMENTS.
4-8 (a) Local law enforcement agencies, on receiving a report of a
4-9 missing child or a missing person, shall:
4-10 (1) if the subject of the report is a child and the
4-11 well-being of the child is in danger, immediately start an
4-12 investigation in order to determine the present location of the
4-13 child;
4-14 (2) if the subject of the report is a person other
4-15 than a child or if the subject of the report is a child whose
4-16 well-being is not considered to be in danger, start an
4-17 investigation with due diligence in order to determine the present
4-18 location of the person; and
4-19 (3) immediately enter the name of the child or person
4-20 into the clearinghouse and the national crime information center
4-21 missing person file if the child or person meets the center's
4-22 criteria, with all available identifying features such as dental
4-23 records, fingerprints, other physical characteristics, and a
4-24 description of the clothing worn when last seen.
4-25 (b) Information not immediately available shall be obtained
4-26 by the agency and entered into the clearinghouse and the national
4-27 crime information center file as a supplement to the original entry
4-28 as soon as possible.
4-29 (c) All Texas law enforcement agencies are required to enter
4-30 information about all unidentified bodies into the clearinghouse
4-31 and the national crime information center unidentified person file.
4-32 A [The] law enforcement agency [agencies] shall, not later than the
4-33 10th working day after the date the death is reported to the
4-34 agency, [immediately] enter all available identifying features of
4-35 the unidentified body (fingerprints, dental records, any unusual
4-36 physical characteristics, and a description of the clothing found
4-37 on the body) into the clearinghouse and the national crime
4-38 information center file. If an information entry into the national
4-39 crime information center file results in an automatic entry of the
4-40 information into the clearinghouse, the law enforcement agency is
4-41 not required to make a direct entry of that information into the
4-42 clearinghouse.
4-43 Art. 62.010 [Sec. 79.009]. ATTORNEY GENERAL TO REQUIRE
4-44 COMPLIANCE. The attorney general shall require each law
4-45 enforcement agency to comply with this chapter and may seek writs
4-46 of mandamus or other appropriate remedies to enforce this chapter.
4-47 Art. 62.011 [Sec. 79.010]. MISSING CHILDREN INVESTIGATIONS.
4-48 On the written request made to a law enforcement agency by a
4-49 parent, foster parent, managing or possessory conservator, guardian
4-50 of the person or the estate, or other court-appointed custodian of
4-51 a child whose whereabouts are unknown, the law enforcement agency
4-52 shall request from the missing children and missing persons
4-53 information clearinghouse information concerning the child that may
4-54 aid the person making the request in the identification or location
4-55 of the child.
4-56 Art. 62.012 [Sec. 79.011]. REPORT OF INQUIRY. A law
4-57 enforcement agency to which a request has been made under Section
4-58 62.011 [79.010] of this code shall report to the parent on the
4-59 results of its inquiry within 14 days after the day that the
4-60 written request is filed with the law enforcement agency.
4-61 Art. 62.013 [Sec. 79.012]. INFORMATION TO CLEARINGHOUSE.
4-62 Each law enforcement agency shall provide to the missing children
4-63 and missing persons information clearinghouse any information that
4-64 would assist in the location or identification of any missing child
4-65 who has been reported to the agency as missing.
4-66 Art. 62.014 [Sec. 79.013]. CROSS-CHECKING AND MATCHING. (a)
4-67 The clearinghouse shall cross-check and attempt to match
4-68 unidentified bodies with missing children or missing persons. When
4-69 the clearinghouse discovers a possible match between an
5-1 unidentified body and a missing child or missing person, the
5-2 Department of Public Safety shall notify the appropriate law
5-3 enforcement agencies.
5-4 (b) Those law enforcement agencies that receive notice of a
5-5 possible match shall make arrangements for positive identification
5-6 and complete and close out the investigation with notification to
5-7 the clearinghouse.
5-8 Art. 62.015 [Sec. 79.014]. AVAILABILITY OF INFORMATION
5-9 THROUGH OTHER AGENCIES. (a) On the request of any law enforcement
5-10 agency, a city or state agency shall furnish the law enforcement
5-11 agency with any information about a missing child or missing person
5-12 that will assist in completing the investigation.
5-13 (b) The information given under Subsection (a) of this
5-14 section is confidential and may not be released to any other person
5-15 outside of the law enforcement agency.
5-16 Art. 62.016 [Sec. 79.015]. DONATIONS. The Department of
5-17 Public Safety may accept money donated from any source to assist in
5-18 financing the activities and purposes of the missing children and
5-19 missing persons information clearinghouse.
5-20 Art. 62.017 [Sec. 79.016]. CONFIDENTIALITY OF CERTAIN
5-21 RECORDS. Clearinghouse records that relate to the investigation by
5-22 a law enforcement agency of a missing child, a missing person, or
5-23 an unidentified body and records or notations that the
5-24 clearinghouse maintains for internal use in matters relating to
5-25 missing children, missing persons, or unidentified bodies are
5-26 confidential.
5-27 Art. 62.018. DEATH CERTIFICATES. A physician who performs a
5-28 postmortem examination on the body of an unidentified person shall
5-29 complete and file a death certificate in accordance with Chapter
5-30 193, Health and Safety Code. The physician shall note on the
5-31 certificate the name of the law enforcement agency that submitted
5-32 the body for examination and shall send a copy of the certificate
5-33 to the clearinghouse not later than the 10th working day after the
5-34 date the physician files the certificate.
5-35 SECTION 2. This Act takes effect September 1, 1997.
5-36 SECTION 3. The importance of this legislation and the
5-37 crowded condition of the calendars in both houses create an
5-38 emergency and an imperative public necessity that the
5-39 constitutional rule requiring bills to be read on three several
5-40 days in each house be suspended, and this rule is hereby suspended.
5-41 * * * * *