Tex.
Code of Crim. Proc. Article 63.009
Law Enforcement Requirements Generally
(a)
A law enforcement agency, on receiving a report of a missing person, shall:(1)
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 person;(2)
if the subject of the report is a person other than a person described by Subdivision (1), start an investigation with due diligence in order to determine the present location of the person;(3)
immediately, but not later than two hours after receiving the report, enter the name of the person into the clearinghouse and the national crime information center missing person file if the 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 person;(4)
not later than 48 hours after receiving the report, electronically submit to each municipal or county law enforcement agency within 200 miles the report and any information that may help determine the present location of the person;(5)
not later than the 60th day after the date the agency receives the report, enter the name of the 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 person; and(6)
inform the person who filed the report of the 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;(B)
reported to the Alzheimer’s Association Safe Return emergency response center if applicable; and(C)
submitted to each municipal or county law enforcement agency within 200 miles.(a-1)
Repealed by Acts 2023, 88th Leg., R.S., Ch. 729 (H.B. 2660), Sec. 9(1), and Ch. 979 (S.B. 2429), Sec. 8(1), eff. September 1, 2023.(a-2)
Repealed by Acts 2023, 88th Leg., R.S., Ch. 729 (H.B. 2660), Sec. 9(1), and Ch. 979 (S.B. 2429), Sec. 8(1), eff. September 1, 2023.(a-3)
Repealed by Acts 2017, 85th Leg., R.S., Ch. 1016 (H.B. 1503), Sec. 2, eff. September 1, 2017.(b)
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.(c)
All Texas law enforcement agencies are required to enter information about all unidentified bodies into the clearinghouse and the national crime information center unidentified person file. A law enforcement agency shall, not later than the 10th working day after the date the death is reported to the agency, enter all available identifying features of the unidentified body (fingerprints, dental records, any unusual physical characteristics, and a description of the clothing found on the body) into the clearinghouse and the national crime information center file. If an information entry into the national crime information center file results in an automatic entry of the information into the clearinghouse, the law enforcement agency is not required to make a direct entry of that information into the clearinghouse.(d)
If a local law enforcement agency investigating a report of a missing person obtains a warrant for the arrest of a person for taking or retaining the 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 person. The information shall be cross-referenced with the information in the national crime information center missing person file.(e)
A local law enforcement agency that has access to the national crime information center database shall cooperate with other law enforcement agencies in entering or retrieving information from the national crime information center database.(f)
Immediately after the return of a 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.(g)
Repealed by Acts 2023, 88th Leg., R.S., Ch. 729 (H.B. 2660), Sec. 9(1), and Ch. 979 (S.B. 2429), Sec. 8(1), eff. September 1, 2023.(a)
Regardless of the jurisdiction in which the child went missing, 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 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;(4)
not later than 48 hours after receiving the report, electronically submit to each municipal or county law enforcement agency within 200 miles the report and any information that may help determine the present location of the child;(5)
not later than the 30th day after the date the agency receives the report, enter the name of the child 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; and(6)
inform the person who filed the report of the missing child 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)
submitted to each municipal or county law enforcement agency within 200 miles.(a)
Regardless of the jurisdiction in which the child went missing, 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 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;(4)
not later than the 30th day after the date the agency receives the report, enter the name of the child 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; and(5)
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 (Definitions)(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 (Definitions), 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 (Filing Petition Before Taking Possession of Child), Chapter 262 (Procedures in Suit by Governmental Entity to Protect Health and Safety of Child), 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 (Investigation of Report), Family Code, and take possession of the child under Chapter 262 (Procedures in Suit by Governmental Entity to Protect Health and Safety of Child), 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.
Source:
Article 63.009 — Law Enforcement Requirements Generally, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.63.htm#63.009 (accessed Apr. 29, 2024).
