Section 63.0091 - Law Enforcement Requirements Regarding Reports Of Certain Missing Children(a) The public safety director of the Department of Public Safety shall adopt rules regarding the procedures for a local law enforcement agency on receiving a report of a missing child who: (1) had been reported missing on four or more occasions in the 24-month period preceding the date of the current report; (2) is in foster care or in the conservatorship of the Department of Family and Protective Services and had been reported missing on two or more occasions in the 24-month period preceding the date of the current report; or (3) is at a high risk of human trafficking, sexual assault, exploitation, abuse, or neglectful supervision for any reason the agency considers to be high risk, including because the missing child: (A) disappeared while in a dangerous environment; (B) has mental or behavioral health needs; (C) previously exhibited signs of mental illness; (D) has an intellectual or developmental disability; or (E) is known to have been last seen or in communication with an adult unknown to the child's family or legal guardian. (b) The rules adopted under this article must require that: (1) in entering information regarding the report into the national crime information center missing person file as required by Article 63.00905(a)(2) for a missing child described by Subsection (a), the local law enforcement agency shall indicate, in the manner specified in the rules, that the child is at a high risk of harm and include relevant information regarding: (A) any prior occasions on which the child was reported missing; and (B) the circumstances considered when designating the child as high risk; and (2) the local law enforcement agency that receives a report of a missing child described by Subsection (a)(3) shall: (A) reasonably escalate the response; and (B) immediately, but not later than two hours after receiving the report, notify all law enforcement agencies within 100 miles, including agencies from other states, of the circumstances and high risk designation of the missing child. (c) If, at the time the initial entry into the national crime information center missing person file is made, the local law enforcement agency has not determined that the requirements of this article apply to the report of the missing child, the information required by Subsection (b)(1) must be added to the entry promptly after the agency investigating the report or the Department of Public Safety determines that the missing child is described by Subsection (a). Tex. Code Crim. Proc. § 63.0091
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 729,Sec. 6, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 979,Sec. 5, eff. 9/1/2023.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 745,Sec. 2, eff. 9/1/2015.Added by Acts 2013, 83rd Leg. - Regular Session, ch. 571,Sec. 6, eff. 9/1/2013, op. applicable to a missing child report that is received by a law enforcement agency on or after January 1, 2014.