HOUSE BILL No. 4633

 

 

May 23, 2017, Introduced by Reps. Brann, Pagel, Graves, Lucido, Peterson, Cochran, Guerra, Kelly, Miller, Marino, Scott, Love and Kosowski and referred to the Committee on Law and Justice.

 

     A bill to amend 1968 PA 319, entitled

 

"An act to provide a uniform crime reporting system; to provide for

the submitting of such report to the department of state police; to

require submission of the report by certain police agencies; to

require the reporting on wanted persons and stolen vehicles; to

require the reporting of information regarding certain persons and

unidentified bodies of deceased persons; to prescribe certain

powers and duties of law enforcement agencies; and to vest the

director of the department of state police with certain authority,"

 

by amending section 8 (MCL 28.258), as amended by 2006 PA 450.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8. (1) As used in this section and section 9:

 

     (a) "Child" means an individual less than 17 years of age.

 

     (b) "Clearinghouse" means the missing child information

 

clearinghouse established under section 9.

 

     (c) "Department" means the department of state police.

 

     (d) "Law enforcement agency" means the department, ; a police

 

agency of a city, village, or township, ; a sheriff's department, ;

 

or any other governmental law enforcement agency in this state.

 

     (e) "LEIN" means law enforcement information network regulated

 

under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to

 

28.215.

 

     (f) "Registrar" means the state registrar as defined in

 

section 2805 of the public health code, 1978 PA 368, MCL 333.2805.

 

     (2) If an individual who is any of the following is reported

 

missing, the law enforcement agency receiving the report, after

 

conducting a preliminary investigation, shall immediately enter the

 

information described in subsection (3) regarding that individual

 

into the LEIN, the national crime information center, the national

 

missing and unidentified persons system, and, if the individual is

 

a child, the clearinghouse:

 

     (a) An individual who has a physical or mental disability as

 

evidenced by written documentation from a physician or other

 

authoritative source. As used in this act, "mental disability"

 

includes Alzheimer's disease and dementia.

 

     (b) An individual who was in the company of another individual

 

under circumstances indicating that the individual's physical

 

safety may be in danger.

 

     (c) An individual who disappeared under circumstances

 

indicating that the disappearance was not voluntary.

 

     (d) A child not described in subdivision (a), (b), (c), or

 

(f).

 

     (e) An individual not described in subdivision (a), (b), (c),

or (f), who is believed to be incapable of returning to his or her

 

residence without assistance.

 

     (f) An individual who is missing as the result of a natural or

 

intentionally caused catastrophe or extraordinary accident that

 

causes the loss of human life.

 

     (3) The information to be entered into the LEIN, the national

 

crime information center, the national missing and unidentified

 

persons system, and the clearinghouse under subsection (2) shall

 

must include all of the following, if available:

 

     (a) The name and address of the individual.

 

     (b) The vital statistics of the individual, including a

 

physical description, and if the missing individual is a child, the

 

child's date of birth, state of birth, and if possible, mother's

 

maiden name.

 

     (c) The date the individual was missing and, if the missing

 

individual is a child under subsection (2)(d), the date the child

 

becomes 17 years of age.

 

     (d) Any other information that may assist in the location of

 

the individual and any other information required to be entered

 

into the national missing and unidentified persons system, as

 

determined by the department and the LEIN policy council.

 

     (4) If subsections (2) and (3) have been complied with and the

 

individual is not found within 30 days, the law enforcement agency

 

that received the report under subsection (2) shall seek the dental

 

records of the individual under section 2844a of the public health

 

code, 1978 PA 368, MCL 333.2844a. The information from the dental

 

records shall must be entered into the national crime information

center, the national missing and unidentified persons system, and,

 

if the individual is a child, the clearinghouse by the law

 

enforcement agency.

 

     (5) The LEIN shall must retain the information under

 

subsection (3) reported to it until the law enforcement agency that

 

entered the information cancels the information.

 

     (6) The law enforcement agency receiving a report of a missing

 

individual described in subsection (2) may, or if the individual is

 

a child and subject to the policy established by the clearinghouse,

 

or if the individual has Alzheimer's disease or dementia or is

 

believed to be incapable of returning to his or her residence

 

without assistance, shall, broadcast the information described in

 

subsection (3) over the LEIN to all of the following:

 

     (a) All law enforcement agencies having jurisdiction of the

 

location where the missing individual lives or was last seen.

 

     (b) Any other law enforcement agency that potentially could

 

become involved in locating the missing individual.

 

     (c) All law enforcement agencies to which the individual who

 

reported the individual missing requests the information be sent,

 

if the request is reasonable.

 

     (7) If 14 days have elapsed since the law enforcement agency

 

has received a report that a child who was born in this state is

 

missing, and the agency has not been notified of the child's

 

return, the LEIN shall must forward on-line online the information

 

described in subsection (3) to the registrar via the registrar's

 

restricted access LEIN terminal.

 

     (8) If 14 days have elapsed since the law enforcement agency

has received a report of a missing child and the agency has not

 

been notified of the child's return, the agency, if it has reason

 

to believe that a missing child may be enrolled in a school

 

district in this state, shall notify in writing the child's last

 

known local school district or intermediate school district that

 

the child is missing and shall provide the school district with the

 

information described in subsection (3).

 

     (9) A parent or legal guardian of a child missing before June

 

29, 1987, may notify a law enforcement agency that he or she wants

 

the registrar and school district notified pursuant to under

 

subsections (7) and (8). Upon receiving the request, the law

 

enforcement agency shall proceed as provided in subsections (7) and

 

(8).

 

     (10) On the seventeenth birthday of a child who has been

 

reported missing pursuant to under subsection (2)(d), any

 

information entered into the LEIN regarding that child shall must

 

be retained and the child shall must be considered to be an

 

emancipated missing child until the information is canceled by the

 

law enforcement agency that entered the information into the

 

network. If the information entered into the LEIN regarding a child

 

missing as prescribed by under subsection (2) is canceled, the law

 

enforcement agency that entered the information into the network

 

shall inform the registrar and school district notified as

 

prescribed by subsection (7) of the cancellation.

 

     (11) A law enforcement agency shall not establish or maintain

 

a policy that prevents an immediate investigation as soon as

 

practical regarding an individual described in subsection (2) who

is reported missing.

 

     (12) When the unidentified body of a deceased individual is

 

found, the law enforcement agency receiving the report, after

 

conducting a preliminary investigation, shall immediately enter the

 

following information, if available, into the national crime

 

information center, the national missing and unidentified persons

 

system, and, if the body is that of a child, into the

 

clearinghouse:

 

     (a) The physical description of the unidentified body and

 

whether footprints, body X-rays, and fingerprint classifications

 

are available.

 

     (b) The date the body was found and the cause and manner of

 

death.

 

     (c) What body parts are found if the body is dismembered.

 

     (d) Dental examination records obtained under section 2844a of

 

the public health code, 1978 PA 368, MCL 333.2844a.

 

     (e) Any other information that would assist in the

 

identification of the body and any other information required to be

 

entered into the national missing and unidentified persons system,

 

as determined by the department and the LEIN policy council.

 

     (13) When an individual is found whose identity is unknown and

 

cannot be readily determined, the law enforcement agency receiving

 

the report, after conducting a preliminary investigation, shall

 

enter the following information into the national crime information

 

center, the national missing and unidentified persons system, and,

 

if the individual is a child, into the clearinghouse:

 

     (a) A physical description of the individual.

     (b) Any other information that would assist in the

 

identification of the individual and any other information required

 

to be entered into the national missing and unidentified persons

 

system, as determined by the department and the LEIN policy

 

council.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.