87R10403 AJZ-F     By: Alvarado S.B. No. 899       A BILL TO BE ENTITLED   AN ACT   relating to the duties of a law enforcement agency regarding   missing children and missing persons and regarding unidentified   bodies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as John and Joseph's Law.          SECTION 2.  Article 63.009, Code of Criminal Procedure, is   amended by amending Subsections (a), (b), (c), and (f) and adding   Subsections (c-1) and (c-2) to read as follows:          (a)  A [Local] law enforcement agency [agencies], on   receiving a report of a missing child or [a] 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 or report the name of the child or   person into or to the clearinghouse, the national crime information   center missing person file if the child or person meets the center's   criteria, and the Alzheimer's Association Safe Return emergency   response center [crisis number], 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; [and]                (4)  not later than the 30th 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   entered into or reported to the clearinghouse, the national crime   information center missing person file, the National Missing and   Unidentified Persons System, and the Alzheimer's Association Safe   Return emergency response center [crisis number], if applicable.          (b)  Information not immediately available when the original   entry is made shall be [obtained by the agency and] entered into the   clearinghouse, [and] 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 or the agencies'   designees, as applicable, are required to enter information about   all unidentified bodies into the clearinghouse, [and] the national   crime information center unidentified person file, and the National   Missing and Unidentified Persons System as described by Subsections   (c-1) and (c-2).          (c-1)  A law enforcement agency or the agency's designee   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.          (c-2)  A law enforcement agency or the agency's designee   shall, not later than the 10th working day after the date that one   or more identifying features of the unidentified body are   determined and reported to the agency or the 30th day after the date   the death is reported to the agency, whichever is earlier, 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 National Missing and Unidentified Persons System.          (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 [cancel] the entry in the national crime   information center database; and                (2)  notify the National Missing and Unidentified   Persons System.          SECTION 3.  The change in law made by this Act applies only   to the report of a missing child or missing person or an   unidentified body 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 or an unidentified body 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 4.  This Act takes effect September 1, 2021.