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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of a law enforcement agency regarding |
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certain children who are reported to be missing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 63.009, Code of Criminal Procedure, is |
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amended by adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) A local law enforcement agency, on receiving a report |
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of a child missing under the circumstances described by Article |
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63.001(3)(D) for a period of not less than 48 hours, shall |
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immediately make a reasonable effort to locate the child and |
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determine the well-being of the child. On determining the location |
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of the child, if the agency has reason to believe that the child is a |
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victim of abuse or neglect as defined by Section 261.001, Family |
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Code, the agency: |
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(1) shall notify the Department of Family and |
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Protective Services; and |
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(2) may take possession of the child under Subchapter |
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B, Chapter 262, Family Code. |
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(a-2) The Department of Family and Protective Services, on |
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receiving notice under Subsection (a-1), may initiate an |
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investigation into the allegation of abuse or neglect under Section |
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261.301, Family Code, and take possession of the child under |
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Chapter 262, Family Code. |
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SECTION 2. The change in law made by this Act applies only |
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to the report of a missing child made to a law enforcement agency on |
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or after the effective date of this Act. The report of a missing |
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child made to a law enforcement agency before the effective date of |
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this Act is governed by the law in effect when the report was made, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |