1-1 By: Greenberg, et al. (Senate Sponsor - Armbrister) H.B. No. 605
1-2 (In the Senate - Received from the House March 31, 1999;
1-3 April 6, 1999, read first time and referred to Committee on
1-4 Criminal Justice; April 30, 1999, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; April 30, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to reports regarding a missing child or missing person and
1-9 to the responsibility of local law enforcement to investigate
1-10 certain missing person reports; creating an offense.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 62.009(a), Code of Criminal Procedure
1-13 (formerly Section 79.008(a), Human Resources Code, redesignated as
1-14 Article 62.009(a) by Chapter 1427, Acts of the 75th Legislature,
1-15 Regular Session, 1997), is amended and reenacted to conform to
1-16 Chapters 51 and 771, Acts of the 75th Legislature, Regular Session,
1-17 1997, to read as follows:
1-18 (a) Local law enforcement agencies, on receiving a report of
1-19 a missing child or a missing person, shall:
1-20 (1) if the subject of the report is a child and the
1-21 well-being of the child is in danger or if the subject of the
1-22 report is a person who is known by the agency to have or is
1-23 reported to have chronic dementia, including Alzheimer's dementia,
1-24 whether caused by illness, brain defect, or brain injury,
1-25 immediately start an investigation in order to determine the
1-26 present location of the child or person;
1-27 (2) if the subject of the report is a child or person
1-28 other than a child or person described by Subdivision (1) [if the
1-29 subject of the report is a child whose well-being is not considered
1-30 to be in danger], start an investigation with due diligence in
1-31 order to determine the present location of the child or person;
1-32 (3) immediately enter the name of the child or person
1-33 into the clearinghouse, [and] the national crime information center
1-34 missing person file if the child or person meets the center's
1-35 criteria, and the Alzheimer's Association Safe Return crisis
1-36 number, if applicable, with all available identifying features such
1-37 as dental records, fingerprints, other physical characteristics,
1-38 and a description of the clothing worn when last seen, and all
1-39 available information describing any person reasonably believed to
1-40 have taken or retained the missing child or missing person; and
1-41 [(4) on determining the location of a child under
1-42 Subdivision (1) or (2), other than a child who is subject to the
1-43 continuing jurisdiction of a district court, an officer may take
1-44 possession of the child and shall deliver or arrange for the
1-45 delivery of the child to a person entitled to possession of the
1-46 child. If the person entitled to possession of the child is not
1-47 immediately available, the law enforcement officer shall deliver
1-48 the child to the Department of Protective and Regulatory Services.]
1-49 (4) inform the person who filed the report of the
1-50 missing child or missing person that the information will be
1-51 entered into the clearinghouse, [and] the national crime
1-52 information center missing person file, and the Alzheimer's
1-53 Association Safe Return crisis number, if applicable.
1-54 SECTION 2. Article 62.009, Code of Criminal Procedure
1-55 (formerly Section 79.008, Human Resources Code, redesignated as
1-56 Article 62.009 by Chapter 1427, Acts of the 75th Legislature,
1-57 Regular Session, 1997), is amended to read as follows to conform to
1-58 Chapter 51, Acts of the 75th Legislature, Regular Session, 1997, by
1-59 adding Subsection (g) to relocate language enacted by that chapter:
1-60 (g) On determining the location of a child under Subsection
1-61 (a)(1) or (2), other than a child who is subject to the continuing
1-62 jurisdiction of a district court, an officer may take possession of
1-63 the child and shall deliver or arrange for the delivery of the
1-64 child to a person entitled to possession of the child. If the
2-1 person entitled to possession of the child is not immediately
2-2 available, the law enforcement officer shall deliver the child to
2-3 the Department of Protective and Regulatory Services.
2-4 SECTION 3. Chapter 37, Penal Code, is amended by adding
2-5 Section 37.081 to read as follows:
2-6 Sec. 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING
2-7 PERSON. (a) A person commits an offense if, with intent to
2-8 deceive, the person knowingly:
2-9 (1) files a false report of a missing child or missing
2-10 person with a law enforcement officer or agency; or
2-11 (2) makes a false statement to a law enforcement
2-12 officer or other employee of a law enforcement agency relating to a
2-13 missing child or missing person.
2-14 (b) An offense under this section is a Class C misdemeanor.
2-15 SECTION 4. This Act takes effect September 1, 1999.
2-16 SECTION 5. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.
2-21 * * * * *