By Greenberg, et al.                                   H.B. No. 605
         76R4350 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to reports regarding a missing child or missing person and
 1-3     to the responsibility of local law enforcement to investigate
 1-4     certain missing person reports; creating an offense.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 62.009(a), Code of Criminal Procedure
 1-7     (formerly Section 79.008(a), Human Resources Code, redesignated as
 1-8     Article 62.009(a) by Chapter 1427, Acts of the 75th Legislature,
 1-9     Regular Session, 1997), is amended and reenacted to conform to
1-10     Chapters 51 and 771, Acts of the 75th Legislature, Regular Session,
1-11     1997, to read as follows:
1-12           (a)  Local law enforcement agencies, on receiving a report of
1-13     a missing child or a missing person, shall:
1-14                 (1)  if the subject of the report is a child and the
1-15     well-being of the child is in danger or if the subject of the
1-16     report is a person who is known by the agency to have or is
1-17     reported to have chronic dementia, including Alzheimer's dementia,
1-18     whether caused by illness, brain defect, or brain injury,
1-19     immediately start an investigation in order to determine the
1-20     present location of the child or person;
1-21                 (2)  if the subject of the report is a child or person
1-22     other than a child or person described by Subdivision (1) [if the
1-23     subject of the report is a child whose well-being is not considered
1-24     to be in danger], start an investigation with due diligence in
 2-1     order to determine the present location of the child or person;
 2-2                 (3)  immediately enter the name of the child or person
 2-3     into the clearinghouse, [and] the national crime information center
 2-4     missing person file if the child or person meets the center's
 2-5     criteria, and the Alzheimer's Association Safe Return crisis
 2-6     number, if applicable, with all available identifying features such
 2-7     as dental records, fingerprints, other physical characteristics,
 2-8     and a description of the clothing worn when last seen, and all
 2-9     available information describing any person reasonably believed to
2-10     have taken or retained the missing child or missing person; and
2-11                 [(4)  on determining the location of a child under
2-12     Subdivision (1) or (2), other than a child who is subject to the
2-13     continuing jurisdiction of a district court, an officer may take
2-14     possession of the child and shall deliver or arrange for the
2-15     delivery of the child to a person entitled to possession of the
2-16     child.  If the person entitled to possession of the child is not
2-17     immediately available, the law enforcement officer shall deliver
2-18     the child to the Department of Protective and Regulatory Services.]
2-19                 (4)  inform the person who filed the report of the
2-20     missing child or missing person that the information will be
2-21     entered into the clearinghouse, [and] the national crime
2-22     information center missing person file, and the Alzheimer's
2-23     Association Safe Return crisis number, if applicable.
2-24           SECTION 2.  Article 62.009, Code of Criminal Procedure
2-25     (formerly Section 79.008, Human Resources Code, redesignated as
2-26     Article 62.009 by Chapter 1427, Acts of the 75th Legislature,
2-27     Regular Session, 1997), is amended to read as follows to conform to
 3-1     Chapter 51, Acts of the 75th Legislature, Regular Session, 1997, by
 3-2     adding Subsection (g) to relocate language enacted by that chapter:
 3-3           (g)  On determining the location of a child under Subsection
 3-4     (a)(1) or (2), other than a child who is subject to the continuing
 3-5     jurisdiction of a district court, an officer may take possession of
 3-6     the child and shall deliver or arrange for the delivery of the
 3-7     child to a person entitled to possession of the child.  If the
 3-8     person entitled to possession of the child is not immediately
 3-9     available, the law enforcement officer shall deliver the child to
3-10     the Department of Protective and Regulatory Services.
3-11           SECTION 3.  Chapter 37, Penal Code, is amended by adding
3-12     Section 37.081 to read as follows:
3-13           Sec. 37.081.  FALSE REPORT REGARDING MISSING CHILD OR MISSING
3-14     PERSON.  (a)  A person commits an offense if, with intent to
3-15     deceive, the person knowingly:
3-16                 (1)  files a false report of a missing child or missing
3-17     person with a law enforcement officer or agency; or
3-18                 (2)  makes a false statement to a law enforcement
3-19     officer or other employee of a law enforcement agency relating to a
3-20     missing child or missing person.
3-21           (b)  An offense under this section is a Class C misdemeanor.
3-22           SECTION 4.  This Act takes effect September 1, 1999.
3-23           SECTION 5.  The importance of this legislation and the
3-24     crowded condition of the calendars in both houses create an
3-25     emergency and an imperative public necessity that the
3-26     constitutional rule requiring bills to be read on three several
3-27     days in each house be suspended, and this rule is hereby suspended.