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A BILL TO BE ENTITLED
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AN ACT
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relating to an alert for a missing person with an intellectual |
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disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter L, Chapter 411, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER L. STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY |
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RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND MISSING |
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PERSONS WITH INTELLECTUAL DISABILITIES |
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SECTION 2. Section 411.351, Government Code, is amended by |
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amending Subdivisions (2) and (3) and adding Subdivisions (2-a) and |
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(3-a) to read as follows: |
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(2) "Alert system" means the statewide America's |
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Missing: Broadcast Emergency Response (AMBER) alert system for |
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abducted children and missing persons with intellectual |
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disabilities. |
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(2-a) "Intellectual disability" means significantly |
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subaverage general intellectual functioning that is concurrent |
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with deficits in adaptive behavior and originates during the |
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developmental period. The term includes a pervasive developmental |
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disorder. |
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(3) "Local law enforcement agency" means a local law |
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enforcement agency with jurisdiction over the investigation of: |
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(A) the abduction of a child; or |
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(B) a missing person with an intellectual |
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disability. |
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(3-a) "Pervasive developmental disorder" means a |
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disorder that meets the criteria for a pervasive developmental |
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disorder established in the most recent Diagnostic and Statistical |
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Manual of Mental Disorders published by the American Psychiatric |
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Association. |
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SECTION 3. Section 411.352, Government Code, is amended to |
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read as follows: |
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Sec. 411.352. STATEWIDE AMERICA'S MISSING: BROADCAST |
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EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND |
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MISSING PERSONS WITH INTELLECTUAL DISABILITIES. With the |
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cooperation of the Texas Department of Transportation, the office |
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of the governor, and other appropriate law enforcement agencies in |
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this state, the department shall develop and implement a statewide |
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alert system to be activated on behalf of an abducted child or a |
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missing person with an intellectual disability. |
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SECTION 4. Section 411.355, Government Code, is amended to |
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read as follows: |
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Sec. 411.355. ACTIVATION. (a) On the request of a local |
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law enforcement agency regarding an abducted child, the department |
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shall activate the alert system and notify appropriate participants |
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in the alert system, as established by rule, if: |
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(1) the local law enforcement agency believes that a |
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child has been abducted, including a child who: |
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(A) is younger than 14 years of age; and |
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(B) regardless of whether the child departed |
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willingly with the other person, has been taken from the care and |
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custody of the child's parent or legal guardian without the |
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permission of the parent or legal guardian by another person who is: |
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(i) more than three years older than the |
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child; and |
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(ii) not related to the child by any degree |
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of consanguinity or affinity as defined under Subchapter B, Chapter |
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573, Government Code; |
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(2) the local law enforcement agency believes that the |
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abducted child is in immediate danger of serious bodily injury or |
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death or of becoming the victim of a sexual assault; |
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(3) the local law enforcement agency confirms that a |
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preliminary investigation has taken place that verifies the |
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abduction and eliminates alternative explanations for the child's |
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disappearance; and |
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(4) sufficient information is available to |
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disseminate to the public that could assist in locating the child, a |
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person suspected of abducting the child, or a vehicle suspected of |
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being used in the abduction. |
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(b) On the request of a local law enforcement agency |
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regarding a missing person with an intellectual disability, the |
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department shall activate the alert system and notify appropriate |
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participants in the alert system, as established by rule, if: |
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(1) the local law enforcement agency receives notice |
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of a missing person with an intellectual disability; |
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(2) the local law enforcement agency verifies that at |
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the time the person is reported missing: |
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(A) the person has an intellectual disability, as |
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determined according to the procedure provided by Section 593.005, |
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Health and Safety Code; and |
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(B) the person's location is unknown; |
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(3) the local law enforcement agency determines that |
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the person's disappearance poses a credible threat to the person's |
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health and safety; and |
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(4) sufficient information is available to |
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disseminate to the public that could assist in locating the person. |
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(c) The department may modify the criteria described by |
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Subsection (a) or (b) as necessary for the proper implementation of |
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the alert system. |
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SECTION 5. Section 411.356, Government Code, is amended to |
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read as follows: |
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Sec. 411.356. LOCAL LAW ENFORCEMENT AGENCIES. Before |
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requesting activation of the alert system, a local law enforcement |
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agency must verify that the criteria described by Section |
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411.355(a) or (b), as applicable, have been satisfied. On |
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verification of the applicable criteria, the local law enforcement |
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agency shall immediately contact the department to request |
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activation and shall supply the necessary information on the forms |
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prescribed by the director. |
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SECTION 6. Section 411.358, Government Code, is amended to |
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read as follows: |
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Sec. 411.358. TERMINATION. The director shall terminate |
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any activation of the alert system with respect to a particular |
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abducted child or a particular missing person with an intellectual |
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disability if: |
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(1) the abducted child or missing person is recovered |
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or the situation [abduction] is otherwise resolved; or |
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(2) the director determines that the alert system is |
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no longer an effective tool for locating and recovering the |
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abducted child or missing person. |
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SECTION 7. Subchapter L, Chapter 411, Government Code, is |
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amended by adding Section 411.359 to read as follows: |
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Sec. 411.359. SYSTEM NAME. The director by rule may assign |
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a name other than America's Missing: Broadcast Emergency Response |
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(AMBER) to the alert system when the system is activated regarding a |
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missing person with an intellectual disability. |
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SECTION 8. Not later than December 1, 2011, the public |
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safety director of the Department of Public Safety of the State of |
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Texas shall adopt rules and issue directives necessary to implement |
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Subchapter L, Chapter 411, Government Code, as amended by this Act. |
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SECTION 9. This Act takes effect September 1, 2011. |
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* * * * * |