HF 3609

as introduced - 86th Legislature (2009 - 2010) Posted on 03/10/2010 03:37pm

A bill for an act
relating to public safety; clarifying role of a law enforcement agency to accept a
missing person report; amending Minnesota Statutes 2009 Supplement, section
299C.53, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 299C.53, subdivision 1, is
amended to read:

Subdivision 1.

Investigation and entry of information.

(a) A law enforcement
agency new text begin that has the responsibility to take a missing person report under section 299C.565 new text end
shall accept new text begin a report new text end without delay deleted text begin any report of a missing person deleted text end . The law enforcement
agency shall not refuse to accept a missing person report on the basis that:

(1) the missing person is an adult;

(2) the circumstances do not indicate foul play;

(3) the person has been missing for a short amount of time;

(4) the person has been missing for a long amount of time;

(5) there is no indication that the missing person was in the jurisdiction served by the
law enforcement agency at the time of the disappearance;

(6) the circumstances suggest that deleted text begin the deleted text end new text begin a child's new text end disappearance may be voluntary;

(7) the reporting person does not have personal knowledge of the facts;

(8) the reporting person cannot provide all of the information requested by the
law enforcement agency;

(9) the reporting person lacks a familial or other relationship with the missing
person; or

(10) for any other reason, except in cases where the law enforcement agency has
direct knowledge that the person is, in fact, not missing and the whereabouts and welfare
of the person are known at the time the report is being made.

A law enforcement agency shall accept missing person reports in person. An agency may
also accept reports by telephone or other electronic means to the extent the reporting is
consistent with the agency's policies or practices. new text begin If an agency receives a report and
determines it is not the responsible agency under section 299C.565, the agency shall
promptly refer an interested party to an agency that has the responsibility to take the report.
new text end

(b) Upon receiving a report of a person believed to be missing, a law enforcement
agency shall conduct a preliminary investigation to determine whether the person is
missing, and if missing, whether the person is endangered. If the person is initially
determined to be missing and endangered, the agency shall immediately consult the
Bureau of Criminal Apprehension during the preliminary investigation, in recognition of
the fact that the first two hours are critical. If the person is determined to be missing and
endangered, the agency shall immediately enter identifying and descriptive information
about the person into the NCIC computer. Law enforcement agencies having direct access
to the NCIC computer shall enter and retrieve the data directly and shall cooperate in the
entry and retrieval of data on behalf of law enforcement agencies which do not have
direct access to the systems.