HBA-SEB H.B. 668 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 668 By: Wise Public Safety 7/27/1999 Enrolled BACKGROUND AND PURPOSE The process of locating a missing child may be a difficult, time-consuming process for law enforcement officers. H.B. 668 modifies statutes relating to missing children to assist law enforcement officers in expediting the search process, including properly possessing and delivering a child to the appropriate person or agency. It also increases the penalties for specific crimes involving obscenity with or enticement of a child. 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 2.13, Code of Criminal Procedure, to provide that every peace officer has the duty to take possession of a child under Article 62.009(g), Code of Criminal Procedure, which discusses taking possession of a child who is the subject of a missing person's report. Makes nonsubstantive changes. SECTION 2. Amends Chapter 62, Code of Criminal Procedure, as redesignated by Chapter 1427, Acts of the 75th Legislature, Regular Session, 1997, by adding Article 62.0015, as follows: Art. 62.0015. PRESUMPTION REGARDING PARENTAGE. Establishes that for purposes of this chapter (Missing Children and Missing Persons), a person named as a child's mother or father in the child's birth certificate is presumed to be the child's parent. SECTION 3. Amends Article 62.006(b), Code of Criminal Procedure, as redesignated by Chapter 1427, Acts of the 75th Legislature, Regular Session, 1997, to require, rather than authorize, a law enforcement officer to complete a dental release form for the subject of a missing person's report at the time the officer takes the report. SECTION 4. Amends Article 62.009(a), Code of Criminal Procedure, as redesignated by Chapter 1427, Acts of the 75th Legislature, Regular Session, 1997, to reenact it to conform to Chapters 51 and 771, Acts of the 75th Legislature, Regular Session, 1997. Deletes existing Subdivision (4). SECTION 5. Amends Article 62.009, Code of Criminal Procedure, as redesignated by Chapter 1427, Acts of the 75th Legislature, Regular Session, 1997, to conform to Chapter 51, Acts of the 75th Legislature, Regular Session, 1997, and to relocate and amend language enacted by that chapter by adding Subsection (g), as follows: (g) Requires a law enforcement officer, upon locating a child who is the subject of a missing person's report, to deliver or arrange the delivery of a child to a person entitled to possess the child if the child is not subject to the continuing jurisdiction of a district court. Requires the officer to deliver the child to the Department of Protective and Regulatory Services if the person entitled to possess the child is not immediately available. SECTION 6. Amends Section 262.007(a), Family Code, to require, rather than authorize, a law enforcement officer to take possession of a child if the officer discovers during the course of a child custody investigation that a child is a missing child and believes that a person may flee with or conceal the child. SECTION 7. Amends Section 25.04(b), Penal Code, to provide that an offense under this section (Enticing a Child) is a Class B misdemeanor unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a third degree felony. SECTION 8. Amends Section 71.02(a), Penal Code, to provide that a person commits an offense if the person, with the intent to participate in a criminal street gang, commits or conspires to commit any offense under Subchapter B (Obscenity), Chapter 43, Penal Code, depicting or involving conduct by or directed toward a child younger than 18, rather than 17, years of age. Makes conforming changes. SECTION 9. Makes application of SECTIONS 7 and 8 this Act prospective. SECTION 10. Effective date: September 1, 1999. SECTION 11. Emergency clause.