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AN ACT
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relating to reports of certain missing children and to the |
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administration of missing or exploited children prevention grants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 63.009(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Local law enforcement agencies, on receiving a report of |
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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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[well-being of the] child is at a high risk of harm or is otherwise |
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in danger or if the subject of the report is a person who is known by |
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the agency to have or is reported to have chronic dementia, |
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including Alzheimer's dementia, whether caused by illness, brain |
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defect, or brain injury, immediately start an investigation in |
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order to determine the 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 the |
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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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the Alzheimer's Association Safe Return crisis number, if |
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applicable, with all available identifying features such as dental |
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records, fingerprints, other physical characteristics, and a |
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description of the clothing worn when last seen, and all available |
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information describing any person reasonably believed to have taken |
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or retained the missing child or missing person; and |
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(4) 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 the clearinghouse, the national crime information |
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center missing person file, and the Alzheimer's Association Safe |
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Return crisis number, if applicable. |
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SECTION 2. Article 63.0091, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 63.0091. LAW ENFORCEMENT REQUIREMENTS REGARDING |
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REPORTS OF CERTAIN MISSING CHILDREN. (a) The public safety |
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director of the Department of Public Safety shall adopt rules |
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regarding the procedures for a local law enforcement agency on |
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receiving a report of a missing child who: |
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(1) 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) is in foster care or in the conservatorship of the |
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Department of Family and Protective Services and had been reported |
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missing on two or more occasions in the 24-month period preceding |
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the date of the current report; or |
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(3) is under 14 years of age and otherwise determined |
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by the local law enforcement agency or the Department of Public |
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Safety to be at a high risk of human trafficking, sexual assault, |
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exploitation, abuse, or neglectful supervision. |
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(b) The rules adopted under this article must require that |
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in entering information regarding the report into the national |
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crime information center missing person file as required by Article |
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63.009(a)(3) for a missing child described by Subsection (a), the |
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local law enforcement agency shall indicate, in the manner |
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specified in the rules, that the child is at a high risk of harm |
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[endangered] and include relevant information regarding any [the] |
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prior occasions on which the child was reported missing. |
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(c) If, at the time the initial entry into the national |
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crime information center missing person file is made, the local law |
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enforcement agency has not determined that the requirements of this |
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article apply to the report of the missing child, the information |
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required by Subsection (b) must be added to the entry promptly after |
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the agency investigating the report or the Department of Public |
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Safety determines that the missing child is described by Subsection |
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(a). |
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SECTION 3. Subchapter A, Chapter 63, Code of Criminal |
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Procedure, is amended by adding Article 63.0092 to read as follows: |
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Art. 63.0092. OPTION TO DESIGNATE MISSING CHILD AS HIGH |
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RISK. (a) This article applies to a report of a missing child who is |
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at least 14 years of age and who a local law enforcement agency or |
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the Department of Public Safety determines is at a high risk of |
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human trafficking, sexual assault, exploitation, abuse, or |
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neglectful supervision. |
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(b) In entering information regarding a report described by |
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Subsection (a) into the national crime information center missing |
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person file as required by Article 63.009(a)(3), the local law |
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enforcement agency may indicate that the child is at a high risk of |
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harm and may include any other relevant information. |
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SECTION 4. Section 411.0133, Government Code, is |
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transferred to Chapter 772, Government Code, redesignated as |
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Section 772.0072, Government Code, and amended to read as follows: |
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Sec. 772.0072 [411.0133]. MISSING OR EXPLOITED CHILDREN |
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PREVENTION GRANTS. (a) In this section, "nonprofit organization" |
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means an organization exempt from federal income taxation under |
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Section 501(a), Internal Revenue Code of 1986, as an organization |
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described by Section 501(c)(3) of that code [has the meaning
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assigned by Section 403.351]. |
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(b) This section applies to a nonprofit organization that is |
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formed to offer programs and provide information to parents or |
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other legal custodians, children, schools, public officials, |
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organizations serving youths, nonprofit organizations, and the |
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general public concerning child safety and Internet safety and the |
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prevention of child abductions and child sexual exploitation. |
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(c) The criminal justice division established under Section |
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772.006 [department] may award a grant to a nonprofit organization |
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described by Subsection (b) that is operating in this state to |
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provide programs and information described by that subsection to |
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assist the Department of Public Safety [department] in the |
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performance of its [the department's] duties related to missing or |
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exploited children, including any duty related to the missing |
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children and missing persons information clearinghouse under |
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Chapter 63, Code of Criminal Procedure. |
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[(d)
The department may adopt rules to implement this
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section.] |
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SECTION 5. Articles 63.009(a) and 63.0091, Code of Criminal |
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Procedure, as amended by this Act, and Article 63.0092, Code of |
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Criminal Procedure, as added by this Act, apply only to a missing |
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child report that is received by a law enforcement agency on or |
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after the effective date of this Act. A report that is received |
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before the effective date of this Act is governed by the law in |
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effect on the date the report was received, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1793 was passed by the House on April |
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16, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1793 was passed by the Senate on May |
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26, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |