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