83R3345 MAW-F
 
  By: Frullo H.B. No. 1677
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reports of missing children or attempted child
  abductions and to education and training for peace officers
  regarding missing or exploited children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 63.001, Code of Criminal Procedure, is
  amended by amending Subdivision (1) and adding Subdivision (1-a) to
  read as follows:
               (1)  "Abduct" has the meaning assigned by Section
  20.01, Penal Code.
               (1-a)  "Child" means a person under 18 years of age.
         SECTION 2.  Article 63.003, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 63.003.  FUNCTION OF CLEARINGHOUSE.  (a)  The
  clearinghouse is a central repository of information on missing
  children, [and] missing persons, and attempted child abductions.
         (b)  The clearinghouse shall:
               (1)  establish a system of intrastate communication of
  information relating to missing children and missing persons;
               (2)  provide a centralized file for the exchange of
  information on missing children, missing persons, and unidentified
  dead bodies within the state;
               (3)  communicate with the national crime information
  center for the exchange of information on missing children and
  missing persons suspected of interstate travel;
               (4)  collect, process, maintain, and disseminate
  accurate and complete information on missing children and missing
  persons;
               (5)  provide a statewide toll-free telephone line for
  the reporting of missing children and missing persons and for
  receiving information on missing children and missing persons;
  [and]
               (6)  provide and disseminate to legal custodians, law
  enforcement agencies, and the Texas Education Agency information
  that explains how to prevent child abduction and what to do if a
  child becomes missing;
               (7)  receive and maintain information on attempted
  child abductions in this state;
               (8)  provide for the exchange of information regarding
  attempted child abductions between the clearinghouse and the
  National Center for Missing and Exploited Children or other similar
  national nonprofit organization; and
               (9)  provide information regarding attempted child
  abductions to local law enforcement agencies to assist in locating
  or identifying other missing children.
         SECTION 3.  Article 63.004, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 63.004.  REPORT FORMS.  (a)  The Department of Public
  Safety shall distribute [missing children and missing person
  report] forms to report:
               (1)  a missing child;
               (2)  a missing person; or
               (3)  an attempted child abduction.
         (b)  A [missing child or missing person] report may be made
  to a law enforcement officer authorized by that department to
  receive reports in person or by telephone or other indirect method
  of communication and the officer may enter the information on the
  form for the reporting person. A report form may also be completed
  by the reporting person and delivered to a law enforcement officer.
         SECTION 4.  Article 63.009, Code of Criminal Procedure, is
  amended by adding Subsections (a-1) and (a-2) to read as follows:
         (a-1)  In entering information regarding a report of a
  missing child into the national crime information center missing
  person file as required by Subsection (a)(3), the local law
  enforcement agency shall indicate in the entry that the missing
  child is in danger if:
               (1)  the child had been reported missing on four or more
  occasions in the 24-month period preceding the date of the current
  report; or
               (2)  the child is in foster care or in the
  conservatorship of the Department of Family and Protective Services
  and had been reported missing on two or more occasions in the
  24-month period preceding the date of the current report.
         (a-2)  A local law enforcement agency, on receiving a report
  of an attempted child abduction, shall immediately, but not later
  than two hours after receiving the report, provide any relevant
  information regarding the attempted child abduction to the
  clearinghouse and the National Center for Missing and Exploited
  Children or other similar national nonprofit organization.
         SECTION 5.  Article 63.013, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 63.013.  INFORMATION TO CLEARINGHOUSE. Each law
  enforcement agency shall provide to the missing children and
  missing persons information clearinghouse:
               (1)  any information that would assist in the location
  or identification of any missing child who has been reported to the
  agency as missing; and
               (2)  any information regarding an attempted child
  abduction that the agency has jurisdiction to investigate.
         SECTION 6.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0133 to read as follows:
         Sec. 411.0133.  MISSING OR EXPLOITED CHILDREN. (a) In this
  section, "nonprofit organization" has the meaning assigned by
  Section 403.351.
         (b)  This section applies to a nonprofit organization that is
  formed to provide to state and local law enforcement agencies,
  parents or other legal custodians, and children on a nationwide
  basis resources and information regarding missing or exploited
  children.
         (c)  The department may contract with a nonprofit
  organization described by Subsection (b) to provide services to
  assist the department in the performance of the department's duties
  related to missing or exploited children, including any duty
  related to the missing children and missing persons information
  clearinghouse under Chapter 63, Code of Criminal Procedure.
         SECTION 7.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.260 to read as follows:
         Sec. 1701.260.  EDUCATION AND TRAINING PROGRAM ON MISSING OR
  EXPLOITED CHILDREN. The commission by rule shall require an
  officer first licensed by the commission on or after January 1,
  2015, to complete within a reasonable time after obtaining the
  license a one-time education and training program on missing or
  exploited children. The program must:
               (1)  consist of at least four hours of training;
               (2)  include instruction on reporting an attempted
  child abduction to the missing children and missing persons
  information clearinghouse under Chapter 63, Code of Criminal
  Procedure;
               (3)  include instruction on responding to and
  investigating situations in which the Internet is used to commit
  crimes against children; and
               (4)  include a review of the substance of Chapters 20
  and 43, Penal Code.
         SECTION 8.  Section 1701.402, Occupations Code, is amended
  by adding Subsection (k) to read as follows:
         (k)  As a requirement for an intermediate or advanced
  proficiency certificate issued by the commission on or after
  January 1, 2015, an officer must complete the education and
  training program on missing or exploited children described by
  Section 1701.260.
         SECTION 9.  Article 63.001(5), Code of Criminal Procedure,
  is repealed.
         SECTION 10.  Not later than January 1, 2014:
               (1)  the Commission on Law Enforcement Officer
  Standards and Education shall adopt the rules necessary to
  implement Section 1701.260, Occupations Code, as added by this Act;
  and
               (2)  the Department of Public Safety of the State of
  Texas and the public safety director of the department shall adopt
  rules and forms necessary to implement Chapter 63, Code of Criminal
  Procedure, as amended by this Act.
         SECTION 11.  (a)  The change in law made by this Act in adding
  Article 63.009(a-1), Code of Criminal Procedure, applies to a
  missing child report that is received by a law enforcement agency on
  or after January 1, 2014.
         (b)  The change in law made by this Act in adding Article
  63.009(a-2), Code of Criminal Procedure, and amending Article
  63.013, Code of Criminal Procedure, applies to an attempted child
  abduction that is reported to a law enforcement agency on or after
  January 1, 2014.
         SECTION 12.  This Act takes effect September 1, 2013.