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Texas Code of Criminal Procedure - CRIM P Art. 63.009. Law Enforcement Requirements Generally

Current as of January 01, 2024 | Updated by Findlaw Staff

(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., ch. 729 (H.B. 2660), § 9(1) and Acts 2023, 88th Leg., ch. 979 (S.B. 2429), § 8(1).

(a-2) Repealed by Acts 2023, 88th Leg., ch. 729 (H.B. 2660), § 9(1) and Acts 2023, 88th Leg., ch. 979 (S.B. 2429), § 8(1).

(a-3) Repealed by Acts 2017, 85th Leg., ch. 1016 (H.B. 1503), § 2.

(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., ch. 729 (H.B. 2660), § 9(1) and Acts 2023, 88th Leg., ch. 979 (S.B. 2429), § 8(1).

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 63.009. Law Enforcement Requirements Generally - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-63-009/

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