1-1 AN ACT
1-2 relating to missing children, to the duty of law enforcement with
1-3 respect to missing children, and to certain criminal offenses
1-4 frequently committed against missing children.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 2.13, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 2.13. DUTIES AND POWERS. (a) It is the duty of every
1-9 peace officer to preserve the peace within the officer's [his]
1-10 jurisdiction. To effect this purpose, the officer [he] shall use
1-11 all lawful means.
1-12 (b) The officer [He] shall:
1-13 (1) in every case [where he is] authorized by the
1-14 provisions of this Code, interfere without warrant to prevent or
1-15 suppress crime;
1-16 (2) [. He shall] execute all lawful process issued to
1-17 the officer [him] by any magistrate or court;
1-18 (3) [. He shall] give notice to some magistrate of
1-19 all offenses committed within the officer's [his] jurisdiction,
1-20 where the officer [he] has good reason to believe there has been a
1-21 violation of the penal law; and
1-22 (4) [. He shall] arrest offenders without warrant in
1-23 every case where the officer [he] is authorized by law, in order
1-24 that they may be taken before the proper magistrate or court and be
2-1 tried.
2-2 (c) It is the duty of every officer to take possession of a
2-3 child under Article 62.009(g).
2-4 SECTION 2. Chapter 62, Code of Criminal Procedure (formerly
2-5 Chapter 79, Human Resources Code, redesignated as Chapter 62 by
2-6 Chapter 1427, Acts of the 75th Legislature, Regular Session, 1997),
2-7 is amended by adding Article 62.0015 to read as follows:
2-8 Art. 62.0015. PRESUMPTION REGARDING PARENTAGE. For purposes
2-9 of this chapter, a person named as a child's mother or father in
2-10 the child's birth certificate is presumed to be the child's parent.
2-11 SECTION 3. Article 62.006(b), Code of Criminal Procedure
2-12 (formerly Section 79.006(b), Human Resources Code, redesignated as
2-13 Article 62.006(b) by Chapter 1427, Acts of the 75th Legislature,
2-14 Regular Session, 1997), is amended to read as follows:
2-15 (b) At any time a report is made for a missing person the
2-16 law enforcement officer taking the report shall [may] complete a
2-17 dental release form that states that the person is missing and that
2-18 there is reason to believe that the person has not voluntarily
2-19 relocated or removed himself from communications with others and
2-20 that authorizes the bearer of the release to obtain dental
2-21 information records from any dentist or physician in this state.
2-22 SECTION 4. Article 62.009(a), Code of Criminal Procedure
2-23 (formerly Section 79.008(a), Human Resources Code, redesignated as
2-24 Article 62.009(a) by Chapter 1427, Acts of the 75th Legislature,
2-25 Regular Session, 1997), is amended and reenacted to conform to
2-26 Chapters 51 and 771, Acts of the 75th Legislature, Regular Session,
2-27 1997, to read as follows:
3-1 (a) Local law enforcement agencies, on receiving a report of
3-2 a missing child or a missing person, shall:
3-3 (1) if the subject of the report is a child and the
3-4 well-being of the child is in danger, immediately start an
3-5 investigation in order to determine the present location of the
3-6 child;
3-7 (2) if the subject of the report is a person other
3-8 than a child or if the subject of the report is a child whose
3-9 well-being is not considered to be in danger, start an
3-10 investigation with due diligence in order to determine the present
3-11 location of the person;
3-12 (3) immediately enter the name of the child or person
3-13 into the clearinghouse and the national crime information center
3-14 missing person file if the child or person meets the center's
3-15 criteria, with all available identifying features such as dental
3-16 records, fingerprints, other physical characteristics, and a
3-17 description of the clothing worn when last seen, and all available
3-18 information describing any person reasonably believed to have taken
3-19 or retained the missing child or missing person; and
3-20 [(4) on determining the location of a child under
3-21 Subdivision (1) or (2), other than a child who is subject to the
3-22 continuing jurisdiction of a district court, an officer may take
3-23 possession of the child and shall deliver or arrange for the
3-24 delivery of the child to a person entitled to possession of the
3-25 child. If the person entitled to possession of the child is not
3-26 immediately available, the law enforcement officer shall deliver
3-27 the child to the Department of Protective and Regulatory Services.]
4-1 (4) inform the person who filed the report of the
4-2 missing child or missing person that the information will be
4-3 entered into the clearinghouse and the national crime information
4-4 center missing person file.
4-5 SECTION 5. Article 62.009, Code of Criminal Procedure
4-6 (formerly Section 79.008, Human Resources Code, redesignated as
4-7 Article 62.009 by Chapter 1427, Acts of the 75th Legislature,
4-8 Regular Session, 1997), is amended to conform to Chapter 51, Acts
4-9 of the 75th Legislature, Regular Session, 1997, and to relocate and
4-10 amend language enacted by that chapter by adding Subsection (g) to
4-11 read as follows:
4-12 (g) On determining the location of a child under Subsection
4-13 (a)(1) or (2), other than a child who is subject to the continuing
4-14 jurisdiction of a district court, an officer shall take possession
4-15 of the child and shall deliver or arrange for the delivery of the
4-16 child to a person entitled to possession of the child. If the
4-17 person entitled to possession of the child is not immediately
4-18 available, the law enforcement officer shall deliver the child to
4-19 the Department of Protective and Regulatory Services.
4-20 SECTION 6. Section 262.007(a), Family Code, is amended to
4-21 read as follows:
4-22 (a) A law enforcement officer who, during a criminal
4-23 investigation relating to a child's custody, discovers that a child
4-24 is a missing child and believes that a person may flee with or
4-25 conceal the child shall [may] take possession of the child and
4-26 provide for the delivery of the child as provided by Subsection
4-27 (b).
5-1 SECTION 7. Section 25.04(b), Penal Code, is amended to read
5-2 as follows:
5-3 (b) An offense under this section is a Class B misdemeanor,
5-4 unless it is shown on the trial of the offense that the actor
5-5 intended to commit a felony against the child, in which event an
5-6 offense under this section is a felony of the third degree.
5-7 SECTION 8. Section 71.02(a), Penal Code, is amended to read
5-8 as follows:
5-9 (a) A person commits an offense if, with the intent to
5-10 establish, maintain, or participate in a combination or in the
5-11 profits of a combination or as a member of a criminal street gang,
5-12 he commits or conspires to commit one or more of the following:
5-13 (1) murder, capital murder, arson, aggravated robbery,
5-14 robbery, burglary, theft, aggravated kidnapping, kidnapping,
5-15 aggravated assault, aggravated sexual assault, sexual assault,
5-16 forgery, deadly conduct, assault punishable as a Class A
5-17 misdemeanor, burglary of a motor vehicle, or unauthorized use of a
5-18 motor vehicle;
5-19 (2) any gambling offense punishable as a Class A
5-20 misdemeanor;
5-21 (3) promotion of prostitution, aggravated promotion of
5-22 prostitution, or compelling prostitution;
5-23 (4) unlawful manufacture, transportation, repair, or
5-24 sale of firearms or prohibited weapons;
5-25 (5) unlawful manufacture, delivery, dispensation, or
5-26 distribution of a controlled substance or dangerous drug, or
5-27 unlawful possession of a controlled substance or dangerous drug
6-1 through forgery, fraud, misrepresentation, or deception;
6-2 (6) any unlawful wholesale promotion or possession of
6-3 any obscene material or obscene device with the intent to wholesale
6-4 promote the same;
6-5 (7) any offense under Subchapter B, Chapter 43,
6-6 depicting or involving conduct by or directed toward [unlawful
6-7 employment, authorization, or inducing of] a child younger than 18
6-8 [17] years of age [in an obscene sexual performance];
6-9 (8) any felony offense under Chapter 32, Penal Code;
6-10 (9) any offense under Chapter 36, Penal Code;
6-11 (10) any offense under Chapter 34, Penal Code; or
6-12 (11) any offense under Section 37.11(a), Penal Code.
6-13 SECTION 9. The changes in law made by Sections 7 and 8 of
6-14 this Act apply only to an offense committed on or after the
6-15 effective date of this Act. An offense committed before the
6-16 effective date of this Act is covered by the law in effect when the
6-17 offense was committed, and the former law is continued in effect
6-18 for that purpose. For purposes of this section, an offense was
6-19 committed before the effective date of this Act if any element of
6-20 the offense occurred before that date.
6-21 SECTION 10. This Act takes effect September 1, 1999.
6-22 SECTION 11. The importance of this legislation and the
6-23 crowded condition of the calendars in both houses create an
6-24 emergency and an imperative public necessity that the
6-25 constitutional rule requiring bills to be read on three several
6-26 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 668 was passed by the House on May 8,
1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 668 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor