76R4350 PEP-D
By Greenberg H.B. No. 605
Substitute the following for H.B. No. 605:
By Carter C.S.H.B. No. 605
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.