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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 to the duties of a justice |
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of the peace or other investigator regarding unidentified 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 49.04, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A justice of the peace investigating a death described |
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by Subsection (a)(3)(B), or the justice's designee, shall, not |
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later than the 10th working day after the date that one or more |
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identifying features of the unidentified body are determined or the |
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60th day after the date the investigation began, whichever is |
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earlier, enter all available identifying features of the |
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unidentified body (fingerprints, dental records, any unusual |
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physical characteristics, and a description of the clothing found |
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on the body) into the National Missing and Unidentified Persons |
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System. |
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SECTION 3. Section 7, Article 49.25, Code of Criminal |
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Procedure, is amended by adding Subsection (d) to read as follows: |
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(d) A person investigating a death described by Section |
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6(a)(3)(B), or the person's designee, shall, not later than the |
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10th working day after the date that one or more identifying |
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features of the unidentified body are determined or the 60th day |
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after the date the investigation began, whichever is earlier, 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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SECTION 4. Articles 63.009(a), (b), and (f), Code of |
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Criminal Procedure, are amended 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 the |
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clearinghouse and[,] 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 that name 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 60th 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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(A) entered into the clearinghouse, the national |
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crime information center missing person file, and the National |
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Missing and Unidentified Persons System; and |
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(B) reported to 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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(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) clear [cancel] 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 5. (a) Articles 49.04 and 49.25, Code of Criminal |
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Procedure, as amended by this Act, apply only to the investigation |
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of a death of an unidentified person that commences on or after the |
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effective date of this Act. An investigation that commences before |
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the effective date of this Act is governed by the law in effect when |
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the investigation commenced, and the former law is continued in |
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effect for that purpose. |
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(b) Article 63.009, Code of Criminal Procedure, as amended |
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by this Act, applies only to the report of a missing child or |
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missing person that is made to a law enforcement agency on or after |
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the effective date of this Act. The report of a missing child or |
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missing person that is made to a law enforcement agency before the |
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effective date of this Act is governed by the law in effect when the |
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report was made, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |
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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. 1419 was passed by the House on April |
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13, 2021, by the following vote: Yeas 147, Nays 0, 1 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. 1419 was passed by the Senate on May |
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19, 2021, 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 |