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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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missing children and missing persons and regarding unidentified |
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bodies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as John and Joseph's Law. |
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SECTION 2. Article 63.009, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (b), (c), and (f) and adding |
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Subsections (c-1) and (c-2) to read as follows: |
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(a) A [Local] law enforcement agency [agencies], on |
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receiving a report of a missing child or [a] missing person, shall: |
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(1) if the subject of the report is a child and the |
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child is at a high risk of harm or is otherwise in danger or if the |
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subject of the report is a person who is known by the agency to have |
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or is reported to have chronic dementia, including Alzheimer's |
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dementia, whether caused by illness, brain defect, or brain injury, |
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immediately start an investigation in order to determine the |
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present location of the child or person; |
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(2) if the subject of the report is a child or person |
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other than a child or person described by Subdivision (1), start an |
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investigation with due diligence in order to determine the present |
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location of the child or person; |
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(3) immediately, but not later than two hours after |
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receiving the report, enter the name of the child or person into or |
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to the clearinghouse, the national crime information center missing |
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person file if the child or person meets the center's criteria, and |
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report the information to the Alzheimer's Association Safe Return |
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emergency response center [crisis number], if applicable, with all |
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available identifying features such as dental records, |
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fingerprints, other physical characteristics, and a description of |
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the clothing worn when last seen, and all available information |
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describing any person reasonably believed to have taken or retained |
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the missing child or missing person; [and] |
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(4) not later than the 30th day after the date the |
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agency receives the report, enter the name of the child or person |
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into the National Missing and Unidentified Persons System, with all |
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available identifying features such as dental records, |
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fingerprints, other physical characteristics, and a description of |
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the clothing worn when last seen, and all available information |
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describing any person reasonably believed to have taken or retained |
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the missing child or missing person; and |
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(5) inform the person who filed the report of the |
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missing child or missing person that the information will be |
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entered into or reported to the clearinghouse, the national crime |
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information center missing person file, the National Missing and |
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Unidentified Persons System, and the Alzheimer's Association Safe |
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Return emergency response center [crisis number], if applicable. |
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(b) Information not immediately available when the original |
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entry is made shall be [obtained by the agency and] entered into the |
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clearinghouse, [and] the national crime information center file, |
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and the National Missing and Unidentified Persons System as a |
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supplement to the original entry as soon as possible. |
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(c) All Texas law enforcement agencies or their designees |
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are required to enter information about all unidentified bodies |
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into the clearinghouse, [and] the national crime information center |
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unidentified person file, and the National Missing and Unidentified |
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Persons System as described by Subsections (c-1) and (c-2). |
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(c-1) A law enforcement agency shall, not later than the |
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10th working day after the date the death is reported to the agency, |
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enter all available identifying features of the unidentified body |
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(fingerprints, dental records, any unusual physical |
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characteristics, and a description of the clothing found on the |
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body) into the clearinghouse and the national crime information |
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center file. If an information entry into the national crime |
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information center file results in an automatic entry of the |
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information into the clearinghouse, the law enforcement agency is |
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not required to make a direct entry of that information into the |
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clearinghouse. |
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(c-2) A law enforcement agency or their designee shall, not |
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later than the 10th working day after which identifying features of |
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the unidentified body have been determined, but not later than the |
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60th day after the date the death is reported to the agency, enter |
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all available identifying features of the unidentified body |
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(fingerprints, dental records, any unusual physical |
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characteristics, and a description of the clothing found on the |
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body) into the National Missing and Unidentified Persons System. |
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(f) Immediately after the return of a missing child or |
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missing person or the identification of an unidentified body, the |
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local law enforcement agency having jurisdiction of the |
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investigation shall: |
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(1) cancelclear the entry in the national crime |
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information center database; and |
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(2) notify the National Missing and Unidentified |
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Persons System. |
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SECTION 3. The change in law made by this Act applies only |
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to the report of a missing child or missing person or an |
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unidentified body that is made to a law enforcement agency on or |
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after the effective date of this Act. The report of a missing child |
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or missing person or an unidentified body that is made to a law |
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enforcement agency before the effective date of this Act is |
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governed by the law in effect when the report was made, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |