S.B. No. 742
 
 
 
 
AN ACT
  relating to reports of missing children, missing persons, 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 Subdivisions (1) and (5) 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.
               (5)  "Missing child or missing person report" [or
  "report"] means information that is:
                     (A)  given to a law enforcement agency on a form
  used for sending information to the national crime information
  center; and
                     (B)  about a child or missing person whose
  whereabouts are unknown to the reporter and who is alleged in the
  form by the reporter to be missing.
         SECTION 2.  Subchapter A, Chapter 63, Code of Criminal
  Procedure, is amended by adding Article 63.0016 to read as follows:
         Art. 63.0016.  ATTEMPTED CHILD ABDUCTION BY RELATIVE. For
  purposes of this chapter, "attempted child abduction" does not
  include an attempted abduction in which the actor was a relative, as
  defined by Section 20.01, Penal Code, of the person intended to be
  abducted.
         SECTION 3.  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; and
               (7)  receive and maintain information on attempted
  child abductions in this state.
         SECTION 4.  Subchapter A, Chapter 63, Code of Criminal
  Procedure, is amended by adding Article 63.0041 to read as follows:
         Art. 63.0041.  REPORTING OF ATTEMPTED CHILD ABDUCTION. A
  law enforcement officer or local law enforcement agency reporting
  an attempted child abduction to the clearinghouse shall make the
  report by use of the Texas Law Enforcement Telecommunications
  System or a successor system of telecommunication used by law
  enforcement agencies and operated by the Department of Public
  Safety.
         SECTION 5.  Article 63.009, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  A local law enforcement agency, on receiving a report
  of an attempted child abduction, shall immediately, but not later
  than eight hours after receiving the report, provide any relevant
  information regarding the attempted child abduction to the
  clearinghouse.
         SECTION 6.  Subchapter A, Chapter 63, Code of Criminal
  Procedure, is amended by adding Article 63.0091 to read as follows:
         Art. 63.0091.  LAW ENFORCEMENT REQUIREMENTS REGARDING
  REPORTS OF CERTAIN MISSING CHILDREN. (a)  The public safety
  director of the Department of Public Safety shall adopt rules
  regarding the procedures for a local law enforcement agency on
  receiving a report of a missing child who:
               (1)  had been reported missing on four or more
  occasions in the 24-month period preceding the date of the current
  report; or
               (2)  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.
         (b)  The rules adopted under this article must require that
  in entering information regarding the report into the national
  crime information center missing person file as required by Article
  63.009(a)(3) for a missing child described by Subsection (a), the
  local law enforcement agency shall indicate, in the manner
  specified in the rules, that the child is endangered and include
  relevant information regarding the prior occasions on which the
  child was reported missing.
         (c)  If, at the time the initial entry into the national
  crime information center missing person file is made, the local law
  enforcement agency has not determined that the requirements of this
  article apply to the report of the missing child, the information
  required by Subsection (b) must be added to the entry promptly after
  the agency investigating the report determines that the missing
  child is described by Subsection (a).
         SECTION 7.  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 has been reported to the agency or that the agency
  has received from any person or another agency.
         SECTION 8.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0133 to read as follows:
         Sec. 411.0133.  MISSING OR EXPLOITED CHILDREN PREVENTION
  GRANTS. (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 offer programs and provide information to parents or
  other legal custodians, children, schools, public officials,
  organizations serving youths, nonprofit organizations, and the
  general public concerning child safety and Internet safety and the
  prevention of child abductions and child sexual exploitation.
         (c)  The department may award a grant to a nonprofit
  organization described by Subsection (b) that is operating in this
  state to provide programs and information described by that
  subsection 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.
         (d)  The department may adopt rules to implement this
  section.
         SECTION 9.  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 an education and training
  program on missing and exploited children.  The commission by rule
  shall establish the program.  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 10.  Not later than January 1, 2014:
               (1)  the Commission on Law Enforcement Officer
  Standards and Education shall adopt the rules necessary to
  implement Subsection (k), Section 1701.402, 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 63.0091, 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 Subsection
  (a-1), Article 63.009, 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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 742 passed the Senate on
  April 4, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 20, 2013, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 742 passed the House, with
  amendments, on May 15, 2013, by the following vote: Yeas 140,
  Nays 1, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor