HF 1242

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm

1.1A bill for an act

1.2relating to public safety; establishing Brandon's law; implementing procedures
1.3for investigating missing person cases; amending Minnesota Statutes 2008,
1.4sections 299C.51; 299C.52; 299C.53; 299C.54, subdivisions 1, 2, 3, 3a; 299C.55;
1.5299C.56; 299C.565; 390.25, subdivision 2; 626.8454, by adding a subdivision;
1.6proposing coding for new law in Minnesota Statutes, chapter 299C.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2008, section 299C.51, is amended to read:
1.9299C.51 CITATION.
1.10Sections 299C.51 to 299C.53 299C.565 may be cited as the "Minnesota Missing
1.11Children's Persons' Act."
1.12EFFECTIVE DATE.This section is effective July 1, 2009.

1.13    Sec. 2. Minnesota Statutes 2008, section 299C.52, is amended to read:
1.14299C.52 MINNESOTA MISSING CHILD CHILDREN AND ENDANGERED
1.15PERSONS PROGRAM.
1.16    Subdivision 1. Definitions. As used in sections 299C.52 to 299C.56 299C.565, the
1.17following terms have the meanings given them:
1.18(a) "Child" means any person under the age of 18 years or any person certified or
1.19known to be mentally incompetent.
1.20(b) "CJIS" means Minnesota criminal justice information system.
1.21(c) "Missing" means the status of a child person after a law enforcement agency that
1.22has received a report of a missing child person has conducted a preliminary investigation
1.23and determined that the child person cannot be located.
2.1(d) "NCIC" means National Crime Information Center.
2.2(e) "Endangered" means that a law enforcement official has received sufficient
2.3evidence that the child is with a missing person who presents a threat of immediate is at
2.4risk of physical injury to the child or physical or sexual abuse of the child. or death. The
2.5following circumstances indicate that a missing person is at risk of physical injury or death:
2.6(1) the person is missing as a result of a confirmed abduction or under circumstances
2.7that indicate that the person's disappearance was not voluntary;
2.8(2) the person is missing under known dangerous circumstances;
2.9(3) the person is missing more than 30 days;
2.10(4) the person is under the age of 21 and at least one other factor in this paragraph
2.11is applicable;
2.12(5) there is evidence the person is in need of medical attention or prescription
2.13medication such that it will have a serious adverse effect on the person's health if the
2.14person does not receive the needed care or medication;
2.15(6) the person does not have a pattern of running away or disappearing;
2.16(7) the person is mentally impaired;
2.17(8) there is evidence that the person may have been abducted by a noncustodial
2.18parent;
2.19(9) the person has been the subject of past threats or acts of violence;
2.20(10) there is evidence the person is lost in the wilderness, backcountry, or outdoors
2.21where survival is precarious and immediate and effective investigation and search and
2.22rescue efforts are critical; or
2.23(11) any other factor that the law enforcement agency deems to indicate that the
2.24person may be at risk of physical injury or death, including a determination by another law
2.25enforcement agency that the person is missing and endangered.
2.26(f) "DNA" means deoxyribonucleic acid from a human biological specimen.
2.27    Subd. 2. Establishment. The commissioner of public safety shall maintain a
2.28Minnesota missing child children and endangered persons program within the department
2.29to enable documented information about missing Minnesota children and endangered
2.30persons to be entered into the NCIC computer.
2.31    Subd. 3. Computer equipment and programs. (a) The commissioner shall
2.32provide the necessary computer hardware and computer programs to enter, modify, and
2.33cancel information on missing children and endangered persons in the NCIC computer
2.34through the CJIS. These programs must provide for search and retrieval of information
2.35using the following identifiers: physical description, name and date of birth, name and
3.1Social Security number, name and driver's license number, vehicle license number, and
3.2vehicle identification number.
3.3 (b) The commissioner shall also provide a system for regional, statewide, multistate,
3.4and nationwide broadcasts of information on missing children and endangered persons.
3.5These broadcasts shall be made by local law enforcement agencies where possible or, in
3.6the case of statewide or nationwide broadcasts, by the Bureau of Criminal Apprehension
3.7upon request of the local law enforcement agency.
3.8    Subd. 4. Authority to enter or retrieve information. Only law enforcement
3.9agencies may enter missing child children and endangered persons information through
3.10the CJIS into the NCIC computer or retrieve information through the CJIS from the NCIC
3.11computer.
3.12    Subd. 5. Statistical data. The commissioner shall annually compile and make
3.13available statistical information on the number of missing children and endangered persons
3.14entered into the NCIC computer and, if available, information on the number located.
3.15    Subd. 6. Rules. The commissioner may adopt rules in conformance with sections
3.16299C.52 to 299C.56 299C.565 to provide for the orderly collection and entry of missing
3.17child children and endangered persons information and requests for retrieval of missing
3.18child children and endangered persons information.
3.19    Subd. 7. Cooperation with other agencies. The commissioner shall cooperate with
3.20other states and the NCIC in the exchange of information on missing persons.
3.21EFFECTIVE DATE.This section is effective July 1, 2009.

3.22    Sec. 3. Minnesota Statutes 2008, section 299C.53, is amended to read:
3.23299C.53 MISSING CHILD PERSONS REPORT; DUTIES OF
3.24COMMISSIONER AND LAW ENFORCEMENT AGENCIES.
3.25    Subdivision 1. Investigation and entry of information. (a) A law enforcement
3.26agency shall accept without delay any report of a missing person. The law enforcement
3.27agency shall not refuse to accept a missing person report on the basis that:
3.28(1) the missing person is an adult;
3.29(2) the circumstances do not indicate foul play;
3.30(3) the person has been missing for a short amount of time;
3.31(4) the person has been missing for a long amount of time;
3.32(5) there is no indication that the missing person was in the jurisdiction served by the
3.33law enforcement agency at the time of the disappearance;
3.34(6) the circumstances suggest that the disappearance may be voluntary;
4.1(7) the reporting person does not have personal knowledge of the facts;
4.2(8) the reporting person cannot provide all of the information requested by the
4.3law enforcement agency;
4.4(9) the reporting person lacks a familial or other relationship with the missing
4.5person; or
4.6(10) for any other reason, except in cases where the law enforcement agency has
4.7direct knowledge that the person is, in fact, not missing and the whereabouts and welfare
4.8of the person are known at the time the report is being made.
4.9A law enforcement agency shall accept missing person reports in person. An agency
4.10may also accept reports by telephone or other electronic means to the extent the reporting
4.11is consistent with the agency's policies or practices.
4.12(b) Upon receiving a report of a child person believed to be missing, a law
4.13enforcement agency shall conduct a preliminary investigation to determine whether the
4.14child person is missing, and if missing, whether the person is endangered. If the child
4.15person is initially determined to be missing and endangered, the agency shall immediately
4.16consult the Bureau of Criminal Apprehension during the preliminary investigation, in
4.17recognition of the fact that the first two hours are critical. If the child person is determined
4.18to be missing and endangered, the agency shall immediately enter identifying and
4.19descriptive information about the child person through the CJIS into the NCIC computer.
4.20Law enforcement agencies having direct access to the CJIS and the NCIC computer shall
4.21enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on
4.22behalf of law enforcement agencies which do not have direct access to the systems.
4.23    Subd. 2. Location of missing child person. Immediately As soon as is practically
4.24possible after a missing child person is located, the law enforcement agency which located
4.25or returned the missing child person shall notify the law enforcement agency having
4.26jurisdiction over the investigation, and that agency shall cancel the entry from the NCIC
4.27computer.
4.28    Subd. 3. Missing and endangered children persons. If the Bureau of Criminal
4.29Apprehension receives a report from a law enforcement agency indicating that a child
4.30person is missing and endangered, the superintendent may assist the law enforcement
4.31agency in conducting the preliminary investigation, offer resources, and assist the agency
4.32in helping implement the investigation policy with particular attention to the need for
4.33immediate action. The law enforcement agency shall promptly notify all appropriate law
4.34enforcement agencies in the state and, if deemed appropriate, law enforcement agencies in
4.35adjacent states or jurisdictions of any information that may aid in the prompt location and
4.36safe return of a missing and endangered person.
5.1    Subd. 4. Federal requirements. In addition to the provisions of sections 299C.51
5.2to 299C.565, the law enforcement agency and the Bureau of Criminal Apprehension shall
5.3comply with requirements provided in federal law on reporting and investigating missing
5.4children cases. For purposes of this subdivision, the definition of "child," "children," or
5.5"minor" shall be determined in accordance with the applicable federal law.
5.6EFFECTIVE DATE.This section is effective July 1, 2009.

5.7    Sec. 4. [299C.535] REQUEST FOR ADDITIONAL INFORMATION ON A
5.8MISSING PERSON.
5.9(a) If the person identified in the missing person report remains missing for 30 days,
5.10and the additional information and materials specified below have not been received, the
5.11law enforcement agency shall attempt to obtain:
5.12(1) DNA samples from family members and, if possible, from the missing person
5.13along with any needed documentation, including consent forms, required for the use of
5.14state or federal DNA databases;
5.15(2) dental information and x-rays, and an authorization to release dental information
5.16or x-rays of the missing person;
5.17(3) any additional photographs of the missing person that may aid the investigation
5.18or an identification; and
5.19(4) fingerprints.
5.20(b) The law enforcement agency shall immediately determine whether any additional
5.21information received on the missing person indicates that the person is endangered.
5.22(c) Any additional information or materials received by the law enforcement agency
5.23shall be entered into the applicable state or federal database as soon as possible.
5.24(d) Nothing in this section shall be construed to preclude a law enforcement agency
5.25from obtaining any of the materials identified in this section before the 30th day following
5.26the filing of the missing person report.
5.27(e) The law enforcement agency shall not be required to obtain written authorization
5.28before it releases publicly any photograph that would aid in the investigation or
5.29identification of the missing person.
5.30EFFECTIVE DATE.This section is effective July 1, 2009.

5.31    Sec. 5. Minnesota Statutes 2008, section 299C.54, subdivision 1, is amended to read:
5.32    Subdivision 1. Distribution. The commissioner shall distribute a missing children
5.33persons bulletin on a quarterly basis to local law enforcement agencies, county attorneys,
6.1and, in the case of missing children, to public and nonpublic schools. The commissioner
6.2shall also make this information accessible to other parties involved in efforts to locate
6.3missing children and endangered persons and to other persons as the commissioner
6.4considers appropriate.
6.5EFFECTIVE DATE.This section is effective July 1, 2009.

6.6    Sec. 6. Minnesota Statutes 2008, section 299C.54, subdivision 2, is amended to read:
6.7    Subd. 2. Photograph. The commissioner shall provide appropriate local law
6.8enforcement agencies with a list of missing children, with an appropriate waiver form to
6.9assist the agency in obtaining a photograph of each missing child. Local agencies shall
6.10obtain the most recent photograph available for missing children and endangered persons
6.11and forward those photographs to the commissioner. The commissioner shall include
6.12these photographs, as they become available, in the quarterly bulletins.
6.13EFFECTIVE DATE.This section is effective July 1, 2009.

6.14    Sec. 7. Minnesota Statutes 2008, section 299C.54, subdivision 3, is amended to read:
6.15    Subd. 3. Included with mailing. State and local elected officials and agencies may
6.16enclose in their mailings information regarding missing children and endangered persons
6.17obtained from law enforcement agencies or from any organization that is recognized
6.18as a nonprofit, tax-exempt organization under state or federal law and has an ongoing
6.19missing children and endangered persons program. Elected officials and commissioners of
6.20state agencies are urged to develop policies to enclose missing children and endangered
6.21persons information in mailings when it will not increase postage costs and is otherwise
6.22considered appropriate.
6.23EFFECTIVE DATE.This section is effective July 1, 2009.

6.24    Sec. 8. Minnesota Statutes 2008, section 299C.54, subdivision 3a, is amended to read:
6.25    Subd. 3a. Collection of data. Identifying information on missing children and
6.26endangered persons entered into the NCIC computer regarding cases that are still active at
6.27the time the missing children persons bulletin is compiled each quarter may be included
6.28in the bulletin.
6.29EFFECTIVE DATE.This section is effective July 1, 2009.

7.1    Sec. 9. Minnesota Statutes 2008, section 299C.55, is amended to read:
7.2299C.55 TRAINING.
7.3The commissioner shall adopt standards for training appropriate personnel
7.4concerning the investigation of missing children persons cases.
7.5EFFECTIVE DATE.This section is effective July 1, 2009.

7.6    Sec. 10. Minnesota Statutes 2008, section 299C.56, is amended to read:
7.7299C.56 RELEASE OF MEDICAL DATA.
7.8    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
7.9have the meanings given.
7.10(b) "Health care facility" means the office of a dentist or physician, or another
7.11medical facility, that is in possession of identifying data.
7.12(c) "Identifying data" means dental or skeletal X-rays, or both, and related
7.13information, previously created in the course of providing dental or medical care to a
7.14child who has now been reported as missing or a person who has now been reported as
7.15missing and endangered.
7.16    Subd. 2. Written declaration. If a child is reported missing or a person is reported
7.17missing and endangered, a law enforcement agency may execute a written declaration,
7.18stating that an active investigation seeking the location of the missing child or endangered
7.19person is being conducted, and that the identifying data are necessary for the exclusive
7.20purpose of furthering the investigation. Notwithstanding chapter 13 or section 144.651,
7.21subdivision 16 , when a written declaration executed under this subdivision, signed by a
7.22peace officer, is presented to a health care facility, the facility shall provide access to the
7.23missing child's child or endangered person's identifying data to the law enforcement
7.24agency.
7.25EFFECTIVE DATE.This section is effective July 1, 2009.

7.26    Sec. 11. Minnesota Statutes 2008, section 299C.565, is amended to read:
7.27299C.565 MISSING PERSON REPORT.
7.28The local law enforcement agency having jurisdiction over the location where a
7.29person has been missing or was last seen has the responsibility to take a missing person
7.30report from an interested party. If this location cannot be clearly and easily established,
7.31the local law enforcement agency having jurisdiction over the last verified location
7.32where the missing person last resided has the responsibility to take the report. In the
8.1event any circumstances delay a determination of which law enforcement agency has the
8.2responsibility to take a missing person report from an interested party, the Bureau of
8.3Criminal Apprehension shall offer prompt guidance to the agencies involved.
8.4EFFECTIVE DATE.This section is effective July 1, 2009.

8.5    Sec. 12. [299C.5655] MISSING PERSONS; STANDARDIZED REPORTS AND
8.6PROCEDURES.
8.7    By September 1, 2009, the superintendent of the Bureau of Criminal Apprehension
8.8shall develop:
8.9    (1) a standardized form for use by all law enforcement agencies when taking a
8.10missing person report; and
8.11    (2) a model policy that incorporates standard processes, procedures, and information
8.12to be provided to interested persons regarding developments in a missing person case.
8.13    In developing the standardized form and model policy, the superintendent of the
8.14Bureau of Criminal Apprehension shall convene a working group that includes interested
8.15members of the public and representatives of the Minnesota Chiefs of Police Association,
8.16Minnesota Sheriffs' Association, Minnesota Police and Peace Officers Association, and
8.17a nonprofit foundation formed to assist in locating the missing persons. The working
8.18group shall be funded by private resources.

8.19    Sec. 13. Minnesota Statutes 2008, section 390.25, subdivision 2, is amended to read:
8.20    Subd. 2. Report to BCA. (a) After 60 30 days, the coroner or medical examiner
8.21shall provide to the Bureau of Criminal Apprehension missing persons clearinghouse
8.22information to be entered into federal and state databases that can aid in the identification,
8.23including the National Crime Information Center database. The coroner or medical
8.24examiner shall provide to the Bureau of Criminal Apprehension specimens suitable for
8.25DNA analysis. DNA profiles and information shall be entered by the Bureau of Criminal
8.26Apprehension into federal and state DNA databases within five business days after the
8.27completion of the DNA analysis and procedures necessary for the entry of the DNA profile.
8.28(b) If a deceased's remains are identified as a missing person, the Bureau of Criminal
8.29Apprehension or the lead law enforcement agency shall attempt to locate family members
8.30of the deceased person and inform them of the death and location of the deceased person's
8.31remains. All efforts to locate and notify family members shall be recorded and retained by
8.32the Bureau of Criminal Apprehension or lead law enforcement agency.
8.33EFFECTIVE DATE.This section is effective July 1, 2009.

9.1    Sec. 14. Minnesota Statutes 2008, section 626.8454, is amended by adding a
9.2subdivision to read:
9.3    Subd. 4. Available resources. If an agency, board, or local representative reviews
9.4or updates its policies for missing children or persons investigations, it may consider
9.5the following resources:
9.6(1) nonprofit search and rescue organizations that provide trained animal searches,
9.7specialized equipment, and man trackers;
9.8(2) assistance from other law enforcement agencies at the local, state, or federal
9.9level, or qualified missing persons organizations;
9.10(3) use of subpoenas or search warrants for electronic and wireless communication
9.11devices, computers, and Web sites; and
9.12(4) assistance and services provided by the Civil Air Patrol.
9.13EFFECTIVE DATE.This section is effective July 1, 2009.