88R11916 MCF-F     By: Klick H.B. No. 4975       A BILL TO BE ENTITLED   AN ACT   relating to reporting procedures and training programs for law   enforcement agencies regarding missing children and missing   persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 2.13(c), Code of Criminal Procedure, is   amended to read as follows:          (c)  It is the duty of every officer to take possession of a   child under Article 63.00905(g) [63.009(g)].          SECTION 2.  The heading to Article 63.009, Code of Criminal   Procedure, is amended to read as follows:          Art. 63.009.  LAW ENFORCEMENT REQUIREMENTS GENERALLY.          SECTION 3.  Articles 63.009(a), (d), and (f), Code of   Criminal Procedure, are amended to read as follows:          (a)  A law enforcement agency, on receiving a report of a   [missing child or] missing person, shall:                (1)  [if the subject of the report is a child and the   child is at a high risk of harm or is otherwise in danger or] if the   subject of the report is a person who is known by the agency to have   or is reported to have chronic dementia, including Alzheimer's   dementia, whether caused by illness, brain defect, or brain injury,   immediately start an investigation in order to determine the   present location of the [child or] person;                (2)  if the subject of the report is a [child or] person   other than a [child or] person described by Subdivision (1), start   an investigation with due diligence in order to determine the   present location of the [child or] person;                (3)  immediately, but not later than two hours after   receiving the report, enter the name of the [child or] person into   the clearinghouse and the national crime information center missing   person file if the [child or] person meets the center's criteria,   and report that name to the Alzheimer's Association Safe Return   emergency response center if applicable, with all available   identifying features such as dental records, fingerprints, other   physical characteristics, and a description of the clothing worn   when last seen, and all available information describing any person   reasonably believed to have taken or retained the [missing child   or] missing person;                (4)  not later than the 60th day after the date the   agency receives the report, enter the name of the [child or] person   into the National Missing and Unidentified Persons System, with all   available identifying features such as dental records,   fingerprints, other physical characteristics, and a description of   the clothing worn when last seen, and all available information   describing any person reasonably believed to have taken or retained   the [missing child or] missing person; and                (5)  inform the person who filed the report of the   [missing child or] missing person that the information will be:                      (A)  entered into the clearinghouse, the national   crime information center missing person file, and the National   Missing and Unidentified Persons System; and                      (B)  reported to the Alzheimer's Association Safe   Return emergency response center if applicable.          (d)  If a local law enforcement agency investigating a report   of a [missing child or] missing person obtains a warrant for the   arrest of a person for taking or retaining the [missing child or]   missing person, the local law enforcement agency shall immediately   enter the name and other descriptive information of the person into   the national crime information center wanted person file if the   person meets the center's criteria. The local law enforcement   agency shall also enter all available identifying features,   including dental records, fingerprints, and other physical   characteristics of the [missing child or] missing person. The   information shall be cross-referenced with the information in the   national crime information center missing person file.          (f)  Immediately after the return of a [missing child or]   missing person or the identification of an unidentified body, the   local law enforcement agency having jurisdiction of the   investigation shall:                (1)  clear the entry in the national crime information   center database; and                (2)  notify the National Missing and Unidentified   Persons System.          SECTION 4.  Subchapter A, Chapter 63, Code of Criminal   Procedure, is amended by adding Article 63.00905 to read as   follows:          Art. 63.00905.  LAW ENFORCEMENT REQUIREMENTS FOR REPORT OF   MISSING CHILD. (a)  A law enforcement agency, on receiving a report   of a missing child, shall:                (1)  immediately start an investigation in order to   determine the present location of the child;                (2)  immediately, but not later than two hours after   receiving the report, enter the name of the child into the   clearinghouse, the National Missing and Unidentified Persons   System, and the national crime information center missing person   file if the child meets the center's criteria, with all available   identifying features such as dental records, fingerprints, other   physical characteristics, and a description of the clothing worn   when last seen, and all available information describing any person   reasonably believed to have taken or retained the missing child;                (3)  immediately, but not later than two hours after   the agency receives the report, enter the applicable information   into 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; and                (4)  inform the person who filed the report of the   missing child that the information will be entered into the   clearinghouse, the national crime information center missing   person file, and the National Missing and Unidentified Persons   System.          (b)  A local law enforcement agency, on receiving a report of   a child missing under the circumstances described by Article   63.001(3)(D) for a period of not less than 48 hours, shall   immediately make a reasonable effort to locate the child and   determine the well-being of the child. On determining the location   of the child, if the agency has reason to believe that the child is a   victim of abuse or neglect as defined by Section 261.001, Family   Code, the agency:                (1)  shall notify the Department of Family and   Protective Services; and                (2)  may take possession of the child under Subchapter   B, Chapter 262, Family Code.          (c)  The Department of Family and Protective Services, on   receiving notice under Subsection (b), may initiate an   investigation into the allegation of abuse or neglect under Section   261.301, Family Code, and take possession of the child under   Chapter 262, Family Code.          (d)  Information not immediately available when the original   entry is made shall be entered into the clearinghouse, the national   crime information center file, and the National Missing and   Unidentified Persons System as a supplement to the original entry   as soon as possible.          (e)  If a local law enforcement agency investigating a report   of a missing child obtains a warrant for the arrest of a person for   taking or retaining the missing child, the local law enforcement   agency shall immediately enter the name and other descriptive   information of the person into the national crime information   center wanted person file if the person meets the center's   criteria. The local law enforcement agency shall also enter all   available identifying features, including dental records,   fingerprints, and other physical characteristics of the missing   child. The information shall be cross-referenced with the   information in the national crime information center missing person   file.          (f)  Immediately after the return of a missing child, the   local law enforcement agency having jurisdiction of the   investigation shall:                (1)  clear the entry in the national crime information   center database; and                (2)  notify the National Missing and Unidentified   Persons System.          (g)  On determining the location of a child, other than a   child who is subject to the continuing jurisdiction of a district   court, an officer shall take possession of the child and shall   deliver or arrange for the delivery of the child to a person   entitled to possession of the child. If the person entitled to   possession of the child is not immediately available, the law   enforcement officer shall deliver the child to the Department of   Family and Protective Services.          SECTION 5.  Article 63.0091, Code of Criminal Procedure, is   amended 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;                (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; or                (3)  is [under 14 years of age and otherwise determined   by the local law enforcement agency or the Department of Public   Safety to be] at a high risk of human trafficking, sexual assault,   exploitation, abuse, or neglectful supervision for any reason the   agency considers to be high risk, including because the missing   child:                      (A)  disappeared while in a dangerous   environment;                      (B)  has mental or behavioral health needs;                      (C)  previously exhibited signs of mental   illness;                      (D)  has an intellectual or developmental   disability;                      (E)  is known to have been last seen or in   communication with a person unknown to the child's family or legal   guardian; or                      (F)  made concerning statements before   disappearing.          (b)  The rules adopted under this article must require that:                (1)  in entering information regarding the report into   the national crime information center missing person file as   required by Article 63.00905(a)(2) [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 at a high risk of harm and include relevant information regarding   any prior occasions on which the child was reported missing; and                (2)  the local law enforcement agency that receives a   report of a missing child described by Subsection (a)(3) shall:                      (A)  escalate the response using all available   resources; and                      (B)  immediately, but not later than two hours   after receiving the report, notify all law enforcement agencies   within 100 miles, including agencies from other states, of the   circumstances and high risk designation of the missing child.          (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)(1) [(b)] must be added to the entry   promptly after the agency investigating the report or the   Department of Public Safety determines that the missing child is   described by Subsection (a).          SECTION 6.  Section 1701.253, Occupations Code, is amended   by adding Subsection (q) to read as follows:          (q)  As part of the minimum curriculum requirements, the   commission shall establish a basic education and training program   on missing children and missing persons, including instruction on   the associated reporting requirements under Chapter 63, Code of   Criminal Procedure. An officer shall complete the program not later   than the second anniversary of the date the officer is licensed   under this chapter unless the officer completes the program as part   of the officer's basic training course.          SECTION 7.  Subchapter F, Chapter 1701, Occupations Code, is   amended by adding Section 1701.2581 to read as follows:          Sec. 1701.2581.  VOLUNTARY ADVANCED EDUCATION AND TRAINING   PROGRAM ON MISSING CHILDREN AND MISSING PERSONS. The commission   shall make available to each officer a voluntary advanced education   and training program on missing children and missing persons. The   program must include instruction on the associated reporting   requirements under Chapter 63, Code of Criminal Procedure.          SECTION 8.  The following provisions of the Code of Criminal   Procedure are repealed:                (1)  Articles 63.009(a-1), (a-2), and (g); and                (2)  Article 63.0092.          SECTION 9.  The changes in law made by this Act to Chapter   63, Code of Criminal Procedure, apply only to the report of a   missing child or missing person that is made to a law enforcement   agency on or after the effective date of this Act. The report of a   missing child or missing person that is made to a law enforcement   agency before the effective date of this Act is governed by the law   in effect when the report was made, and the former law is continued   in effect for that purpose.          SECTION 10.  Section 1701.253(q), Occupations Code, as added   by this Act, applies only to a person who submits an application for   a peace officer license under Chapter 1701, Occupations Code, on or   after January 1, 2025. A person who submits an application for a   peace officer license under Chapter 1701, Occupations Code, before   January 1, 2025, is governed by the law in effect immediately before   the effective date of this Act, and the former law is continued in   effect for that purpose.          SECTION 11.  Not later than December 1, 2024, the Texas   Commission on Law Enforcement shall:                (1)  establish the training programs required by   Sections 1701.253(q) and 1701.2581, Occupations Code, as added by   this Act; and                (2)  adopt the rules necessary to implement Sections   1701.253(q) and 1701.2581, Occupations Code, as added by this Act.          SECTION 12.  This Act takes effect September 1, 2023.