1-1 By: Wise (Senate Sponsor - Armbrister) H.B. No. 668
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on Criminal
1-4 Justice; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to missing children, to the duty of law enforcement with
1-9 respect to missing children, and to certain criminal offenses
1-10 frequently committed against missing children.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 2.13, Code of Criminal Procedure, is
1-13 amended to read as follows:
1-14 Art. 2.13. DUTIES AND POWERS. (a) It is the duty of every
1-15 peace officer to preserve the peace within the officer's [his]
1-16 jurisdiction. To effect this purpose, the officer [he] shall use
1-17 all lawful means.
1-18 (b) The officer [He] shall:
1-19 (1) in every case [where he is] authorized by the
1-20 provisions of this Code, interfere without warrant to prevent or
1-21 suppress crime;
1-22 (2) [. He shall] execute all lawful process issued to
1-23 the officer [him] by any magistrate or court;
1-24 (3) [. He shall] give notice to some magistrate of
1-25 all offenses committed within the officer's [his] jurisdiction,
1-26 where the officer [he] has good reason to believe there has been a
1-27 violation of the penal law; and
1-28 (4) [. He shall] arrest offenders without warrant in
1-29 every case where the officer [he] is authorized by law, in order
1-30 that they may be taken before the proper magistrate or court and be
1-31 tried.
1-32 (c) It is the duty of every officer to take possession of a
1-33 child under Article 62.009(g).
1-34 SECTION 2. Chapter 62, Code of Criminal Procedure (formerly
1-35 Chapter 79, Human Resources Code, redesignated as Chapter 62 by
1-36 Chapter 1427, Acts of the 75th Legislature, Regular Session, 1997),
1-37 is amended by adding Article 62.0015 to read as follows:
1-38 Art. 62.0015. PRESUMPTION REGARDING PARENTAGE. For purposes
1-39 of this chapter, a person named as a child's mother or father in
1-40 the child's birth certificate is presumed to be the child's parent.
1-41 SECTION 3. Article 62.006(b), Code of Criminal Procedure
1-42 (formerly Section 79.006(b), Human Resources Code, redesignated as
1-43 Article 62.006(b) by Chapter 1427, Acts of the 75th Legislature,
1-44 Regular Session, 1997), is amended to read as follows:
1-45 (b) At any time a report is made for a missing person the
1-46 law enforcement officer taking the report shall [may] complete a
1-47 dental release form that states that the person is missing and that
1-48 there is reason to believe that the person has not voluntarily
1-49 relocated or removed himself from communications with others and
1-50 that authorizes the bearer of the release to obtain dental
1-51 information records from any dentist or physician in this state.
1-52 SECTION 4. Article 62.009(a), Code of Criminal Procedure
1-53 (formerly Section 79.008(a), Human Resources Code, redesignated as
1-54 Article 62.009(a) by Chapter 1427, Acts of the 75th Legislature,
1-55 Regular Session, 1997), is amended and reenacted to conform to
1-56 Chapters 51 and 771, Acts of the 75th Legislature, Regular Session,
1-57 1997, to read as follows:
1-58 (a) Local law enforcement agencies, on receiving a report of
1-59 a missing child or a missing person, shall:
1-60 (1) if the subject of the report is a child and the
1-61 well-being of the child is in danger, immediately start an
1-62 investigation in order to determine the present location of the
1-63 child;
1-64 (2) if the subject of the report is a person other
2-1 than a child or if the subject of the report is a child whose
2-2 well-being is not considered to be in danger, start an
2-3 investigation with due diligence in order to determine the present
2-4 location of the person;
2-5 (3) immediately enter the name of the child or person
2-6 into the clearinghouse and the national crime information center
2-7 missing person file if the child or person meets the center's
2-8 criteria, with all available identifying features such as dental
2-9 records, fingerprints, other physical characteristics, and a
2-10 description of the clothing worn when last seen, and all available
2-11 information describing any person reasonably believed to have taken
2-12 or retained the missing child or missing person; and
2-13 [(4) on determining the location of a child under
2-14 Subdivision (1) or (2), other than a child who is subject to the
2-15 continuing jurisdiction of a district court, an officer may take
2-16 possession of the child and shall deliver or arrange for the
2-17 delivery of the child to a person entitled to possession of the
2-18 child. If the person entitled to possession of the child is not
2-19 immediately available, the law enforcement officer shall deliver
2-20 the child to the Department of Protective and Regulatory Services.]
2-21 (4) inform the person who filed the report of the
2-22 missing child or missing person that the information will be
2-23 entered into the clearinghouse and the national crime information
2-24 center missing person file.
2-25 SECTION 5. Article 62.009, Code of Criminal Procedure
2-26 (formerly Section 79.008, Human Resources Code, redesignated as
2-27 Article 62.009 by Chapter 1427, Acts of the 75th Legislature,
2-28 Regular Session, 1997), is amended to conform to Chapter 51, Acts
2-29 of the 75th Legislature, Regular Session, 1997, and to relocate and
2-30 amend language enacted by that chapter by adding Subsection (g) to
2-31 read as follows:
2-32 (g) On determining the location of a child under Subsection
2-33 (a)(1) or (2), other than a child who is subject to the continuing
2-34 jurisdiction of a district court, an officer shall take possession
2-35 of the child and shall deliver or arrange for the delivery of the
2-36 child to a person entitled to possession of the child. If the
2-37 person entitled to possession of the child is not immediately
2-38 available, the law enforcement officer shall deliver the child to
2-39 the Department of Protective and Regulatory Services.
2-40 SECTION 6. Section 262.007(a), Family Code, is amended to
2-41 read as follows:
2-42 (a) A law enforcement officer who, during a criminal
2-43 investigation relating to a child's custody, discovers that a child
2-44 is a missing child and believes that a person may flee with or
2-45 conceal the child shall [may] take possession of the child and
2-46 provide for the delivery of the child as provided by Subsection
2-47 (b).
2-48 SECTION 7. Section 25.04(b), Penal Code, is amended to read
2-49 as follows:
2-50 (b) An offense under this section is a Class B misdemeanor,
2-51 unless it is shown on the trial of the offense that the actor
2-52 intended to commit a felony against the child, in which event an
2-53 offense under this section is a felony of the third degree.
2-54 SECTION 8. Section 71.02(a), Penal Code, is amended to read
2-55 as follows:
2-56 (a) A person commits an offense if, with the intent to
2-57 establish, maintain, or participate in a combination or in the
2-58 profits of a combination or as a member of a criminal street gang,
2-59 he commits or conspires to commit one or more of the following:
2-60 (1) murder, capital murder, arson, aggravated robbery,
2-61 robbery, burglary, theft, aggravated kidnapping, kidnapping,
2-62 aggravated assault, aggravated sexual assault, sexual assault,
2-63 forgery, deadly conduct, assault punishable as a Class A
2-64 misdemeanor, burglary of a motor vehicle, or unauthorized use of a
2-65 motor vehicle;
2-66 (2) any gambling offense punishable as a Class A
2-67 misdemeanor;
2-68 (3) promotion of prostitution, aggravated promotion of
2-69 prostitution, or compelling prostitution;
3-1 (4) unlawful manufacture, transportation, repair, or
3-2 sale of firearms or prohibited weapons;
3-3 (5) unlawful manufacture, delivery, dispensation, or
3-4 distribution of a controlled substance or dangerous drug, or
3-5 unlawful possession of a controlled substance or dangerous drug
3-6 through forgery, fraud, misrepresentation, or deception;
3-7 (6) any unlawful wholesale promotion or possession of
3-8 any obscene material or obscene device with the intent to wholesale
3-9 promote the same;
3-10 (7) any offense under Subchapter B, Chapter 43,
3-11 depicting or involving conduct by or directed toward [unlawful
3-12 employment, authorization, or inducing of] a child younger than 18
3-13 [17] years of age [in an obscene sexual performance];
3-14 (8) any felony offense under Chapter 32, Penal Code;
3-15 (9) any offense under Chapter 36, Penal Code;
3-16 (10) any offense under Chapter 34, Penal Code; or
3-17 (11) any offense under Section 37.11(a), Penal Code.
3-18 SECTION 9. The changes in law made by Sections 7 and 8 of
3-19 this Act apply only to an offense committed on or after the
3-20 effective date of this Act. An offense committed before the
3-21 effective date of this Act is covered by the law in effect when the
3-22 offense was committed, and the former law is continued in effect
3-23 for that purpose. For purposes of this section, an offense was
3-24 committed before the effective date of this Act if any element of
3-25 the offense occurred before that date.
3-26 SECTION 10. This Act takes effect September 1, 1999.
3-27 SECTION 11. The importance of this legislation and the
3-28 crowded condition of the calendars in both houses create an
3-29 emergency and an imperative public necessity that the
3-30 constitutional rule requiring bills to be read on three several
3-31 days in each house be suspended, and this rule is hereby suspended.
3-32 * * * * *