HBA-RBT, NLM, H.B. 605 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 605 By: Greenberg Public Safety 7/13/1999 Enrolled BACKGROUND AND PURPOSE Currently, a 24-hour waiting period is required before an adult is considered a "missing person" and a search can be initiated. A report of a missing child is exempt from the 24-hour waiting period, and a search may be initiated immediately. H.B. 605 requires local law enforcement agencies to immediately begin an investigation of a missing person if the subject is a child or if the subject is an adult reported to have chronic dementia, including Alzheimer's dementia, whether caused by illness, brain defect, or brain injury. This bill also establishes that a person commits a Class C misdemeanor if the person, with the intent to deceive, knowingly files a false missing child or missing person report to a law enforcement officer, agency, or other employee of a law enforcement agency. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 62.009(a), Code of Criminal Procedure (formerly Section 79.008(a), Human Resources Code, redesignated as Article 62.009(a) by Chapter 1427, Acts of the 75th Legislature, Regular Session, 1997), by amending and by reenacting to conform to Chapters 51 and 771, Acts of the 75th Legislature, Regular Session, 1997, to require local law enforcement agencies, upon receipt of a missing child or missing person report, to: (1) immediately start an investigation in order to determine the present location of the child or person if the subject of the report is a child and the well-being of the child is 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; (2) start an investigation with due diligence in order to determine the present location of the child or person if the subject of the report is a child or person other than a child or person described by Subdivision (1). Deletes the language concerning the subject of the report being a child whose well-being is not considered to be in danger; (3) immediately enter the name of the child or person into the clearinghouse, the national crime information center missing person file if the child or person meets the center's criteria, and if applicable, the Alzheimer's Association Safe Return crisis number; and. (4) inform the person who filed the report that the information will be entered into the clearinghouse, the national crime information center missing person file, and if applicable, the Alzheimer's Association Safe Return crisis number. Deletes language from existing Subdivision (4) regarding the authority of an officer to take possession of a child and to deliver or arrange for the delivery of the child to a person entitled to possession. Makes conforming and nonsubstantive changes. SECTION 2. Amends Article 62.009, Code of Criminal Procedure (formerly Section 79.008, Human Resources Code, redesignated as Article 62.009 by Chapter 1427, Acts of the 75th Legislature, Regular Session, 1997), to conform to Chapter 51, Acts of the 75th Legislature, Regular Session, by adding Subsection (g), as follows: (g) Redesignates language from existing Subsection (a)(4). SECTION 3. Amends Chapter 37, Penal Code, by adding Section 37.081, as follows: Sec. 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON. Provides that a person commits a Class C misdemeanor if, with intent to deceive, the person knowingly: _files a false missing child or missing person report with a law enforcement officer or agency; or _makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.