HF 1242
1st Unofficial Engrossment - 86th Legislature (2009 - 2010)
Posted on 12/26/2012 11:27 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
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
new text begin 299C.565new text end may be cited as the "Minnesota Missing
1.11Children'snew text begin Persons'new text end Act."
1.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
1.13 Sec. 2. Minnesota Statutes 2008, section 299C.52, is amended to read:
1.14299C.52 MINNESOTA MISSING CHILDnew text begin CHILDREN AND ENDANGERED new text end
1.15new text begin PERSONSnew text end PROGRAM.
1.16 Subdivision 1. Definitions. As used in sections
299C.52 to
new text begin 299C.565new text end , 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 childnew text begin personnew text end after a law enforcement agency that
1.22has received a report of a missing childnew text begin personnew text end has conducted a preliminary investigation
1.23and determined that the childnew text begin personnew text end 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 anew text begin missingnew text end person who presents a threat of immediatenew text begin is at new text end
2.4new text begin risk ofnew text end physical injury to the child or physical or sexual abuse of the child.new text begin or death. The new text end
2.5new text begin following circumstances indicate that a missing person is at risk of physical injury or death:new text end
2.6new text begin (1) the person is missing as a result of a confirmed abduction or under circumstances new text end
2.7new text begin that indicate that the person's disappearance was not voluntary;new text end
2.8new text begin (2) the person is missing under known dangerous circumstances;new text end
2.9new text begin (3) the person is missing more than 30 days;new text end
2.10new text begin (4) the person is under the age of 21 and at least one other factor in this paragraph new text end
2.11new text begin is applicable;new text end
2.12new text begin (5) there is evidence the person is in need of medical attention or prescription new text end
2.13new text begin medication such that it will have a serious adverse effect on the person's health if the new text end
2.14new text begin person does not receive the needed care or medication;new text end
2.15new text begin (6) the person does not have a pattern of running away or disappearing;new text end
2.16new text begin (7) the person is mentally impaired;new text end
2.17new text begin (8) there is evidence that the person may have been abducted by a noncustodial new text end
2.18new text begin parent;new text end
2.19new text begin (9) the person has been the subject of past threats or acts of violence;new text end
2.20new text begin (10) there is evidence the person is lost in the wilderness, backcountry, or outdoors new text end
2.21new text begin where survival is precarious and immediate and effective investigation and search and new text end
2.22new text begin rescue efforts are critical; ornew text end
2.23new text begin (11) any other factor that the law enforcement agency deems to indicate that the new text end
2.24new text begin person may be at risk of physical injury or death, including a determination by another law new text end
2.25new text begin enforcement agency that the person is missing and endangered.new text end
2.26new text begin (f) "DNA" means deoxyribonucleic acid from a human biological specimen.new text end
2.27 Subd. 2. Establishment. The commissioner of public safety shall maintain a
2.28Minnesota missing childnew text begin children and endangered personsnew text end program within the department
2.29to enable documented information about missing Minnesota childrennew text begin and endangerednew text end new text begin new text end
2.30new text begin personsnew text end to be entered into the NCIC computer.
2.31 Subd. 3. Computer equipment and programs. new text begin (a) new text end The commissioner shall
2.32provide the necessary computer hardware and computer programs to enter, modify, and
2.33cancel information on missing childrennew text begin and endangerednew text end new text begin personsnew text end 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 new text begin (b) new text end The commissioner shall also provide a system for regional, statewide, multistate,
3.4and nationwide broadcasts of information on missing childrennew text begin and endangerednew text end new text begin personsnew text end .
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 childnew text begin children and endangered personsnew text end 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 childrennew text begin and endangerednew text end new text begin personsnew text end
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
new text begin 299C.565new text end to provide for the orderly collection and entry of missing
3.17childnew text begin children and endangered personsnew text end information and requests for retrieval of missing
3.18childnew text begin children and endangered personsnew text end information.
3.19 new text begin Subd. 7.new text end new text begin Cooperation with other agencies.new text end new text begin The commissioner shall cooperate with new text end
3.20new text begin other states and the NCIC in the exchange of information on missing persons.new text end
3.21new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
3.22 Sec. 3. Minnesota Statutes 2008, section 299C.53, is amended to read:
3.23299C.53 MISSING CHILDnew text begin PERSONSnew text end REPORT; DUTIES OF
3.24COMMISSIONER AND LAW ENFORCEMENT AGENCIES.
3.25 Subdivision 1. Investigation and entry of information. new text begin (a) A law enforcement new text end
3.26new text begin agency shall accept without delay any report of a missing person. The law enforcement new text end
3.27new text begin agency shall not refuse to accept a missing person report on the basis that:new text end
3.28new text begin (1) the missing person is an adult;new text end
3.29new text begin (2) the circumstances do not indicate foul play;new text end
3.30new text begin (3) the person has been missing for a short amount of time;new text end
3.31new text begin (4) the person has been missing for a long amount of time;new text end
3.32new text begin (5) there is no indication that the missing person was in the jurisdiction served by the new text end
3.33new text begin law enforcement agency at the time of the disappearance;new text end
3.34new text begin (6) the circumstances suggest that the disappearance may be voluntary;new text end
4.1new text begin (7) the reporting person does not have personal knowledge of the facts;new text end
4.2new text begin (8) the reporting person cannot provide all of the information requested by the new text end
4.3new text begin law enforcement agency;new text end
4.4new text begin (9) the reporting person lacks a familial or other relationship with the missing new text end
4.5new text begin person; ornew text end
4.6new text begin (10) for any other reason, except in cases where the law enforcement agency has new text end
4.7new text begin direct knowledge that the person is, in fact, not missing and the whereabouts and welfare new text end
4.8new text begin of the person are known at the time the report is being made.new text end
4.9new text begin A law enforcement agency shall accept missing person reports in person. An agency new text end
4.10new text begin may also accept reports by telephone or other electronic means to the extent the reporting new text end
4.11new text begin is consistent with the agency's policies or practices.new text end
4.12new text begin (b) new text end Upon receiving a report of a childnew text begin personnew text end believed to be missing, a law
4.13enforcement agency shall conduct a preliminary investigation to determine whether the
4.14childnew text begin personnew text end is missingnew text begin , and if missing, whether the person is endangerednew text end . If the childnew text begin new text end
4.15new text begin personnew text end 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 childnew text begin personnew text end is determined
4.18to be missingnew text begin and endangerednew text end , the agency shall immediately enter identifying and
4.19descriptive information about the childnew text begin personnew text end 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 childnew text begin personnew text end . Immediatelynew text begin As soon as is practically new text end
4.24new text begin possiblenew text end after a missing childnew text begin personnew text end is located, the law enforcement agency which located
4.25or returned the missing childnew text begin personnew text end 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 childrennew text begin personsnew text end . If the Bureau of Criminal
4.29Apprehension receives a report from a law enforcement agency indicating that a childnew text begin new text end
4.30new text begin personnew text end 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.new text begin The law enforcement agency shall promptly notify all appropriate law new text end
4.34new text begin enforcement agencies in the state and, if deemed appropriate, law enforcement agencies in new text end
4.35new text begin adjacent states or jurisdictions of any information that may aid in the prompt location and new text end
4.36new text begin safe return of a missing and endangered person.new text end
5.1 new text begin Subd. 4.new text end new text begin Federal requirements.new text end new text begin In addition to the provisions of sections 299C.51 new text end
5.2new text begin to 299C.565, the law enforcement agency and the Bureau of Criminal Apprehension shall new text end
5.3new text begin comply with requirements provided in federal law on reporting and investigating missing new text end
5.4new text begin children cases. For purposes of this subdivision, the definition of "child," "children," or new text end
5.5new text begin "minor" shall be determined in accordance with the applicable federal law.new text end
5.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
5.7 Sec. 4. new text begin [299C.535] REQUEST FOR ADDITIONAL INFORMATION ON A new text end
5.8new text begin MISSING PERSON.new text end
5.9new text begin (a) If the person identified in the missing person report remains missing for 30 days, new text end
5.10new text begin and the additional information and materials specified below have not been received, the new text end
5.11new text begin law enforcement agency shall attempt to obtain:new text end
5.12new text begin (1) DNA samples from family members and, if possible, from the missing person new text end
5.13new text begin along with any needed documentation, including consent forms, required for the use of new text end
5.14new text begin state or federal DNA databases;new text end
5.15new text begin (2) dental information and x-rays, and an authorization to release dental information new text end
5.16new text begin or x-rays of the missing person;new text end
5.17new text begin (3) any additional photographs of the missing person that may aid the investigation new text end
5.18new text begin or an identification; andnew text end
5.19new text begin (4) fingerprints.new text end
5.20new text begin (b) The law enforcement agency shall immediately determine whether any additional new text end
5.21new text begin information received on the missing person indicates that the person is endangered.new text end
5.22new text begin (c) Any additional information or materials received by the law enforcement agency new text end
5.23new text begin shall be entered into the applicable state or federal database as soon as possible.new text end
5.24new text begin (d) Nothing in this section shall be construed to preclude a law enforcement agency new text end
5.25new text begin from obtaining any of the materials identified in this section before the 30th day following new text end
5.26new text begin the filing of the missing person report.new text end
5.27new text begin (e) The law enforcement agency shall not be required to obtain written authorization new text end
5.28new text begin before it releases publicly any photograph that would aid in the investigation or new text end
5.29new text begin identification of the missing person.new text end
5.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
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
5.33new text begin persons new text end bulletin on a quarterly basis to local law enforcement agencies, county attorneys,
6.1andnew text begin , in the case of missing children, tonew text end public and nonpublic schools. The commissioner
6.2shall also make this information accessible to other parties involved in efforts to locate
6.3missing children new text begin and endangered persons new text end and to other persons as the commissioner
6.4considers appropriate.
6.5new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
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 new text begin and endangered persons new text end
6.11and forward those photographs to the commissioner. The commissioner shall include
6.12these photographs, as they become available, in the quarterly bulletins.
6.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
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 new text begin and endangered persons new text end
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 new text begin and endangered persons new text end program. Elected officials and commissioners of
6.20state agencies are urged to develop policies to enclose missing children new text begin and endangered new text end
6.21new text begin persons new text end information in mailings when it will not increase postage costs and is otherwise
6.22considered appropriate.
6.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
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 new text begin and new text end
6.26new text begin endangered persons new text end entered into the NCIC computer regarding cases that are still active at
6.27the time the missing children new text begin persons new text end bulletin is compiled each quarter may be included
6.28in the bulletin.
6.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
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 childrennew text begin personsnew text end cases.
7.5new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
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 missingnew text begin or a person who has now been reported as new text end
7.15new text begin missing and endangerednew text end .
7.16 Subd. 2. Written declaration. If a child is reported missingnew text begin or a person is reported new text end
7.17new text begin missing and endangerednew text end , a law enforcement agency may execute a written declaration,
7.18stating that an active investigation seeking the location of the missing childnew text begin or endangered new text end
7.19new text begin personnew text end 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'snew text begin child or endangered person'snew text end identifying data to the law enforcement
7.24agency.
7.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
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. new text begin In the new text end
8.1new text begin event any circumstances delay a determination of which law enforcement agency has the new text end
8.2new text begin responsibility to take a missing person report from an interested party, the Bureau of new text end
8.3new text begin Criminal Apprehension shall offer prompt guidance to the agencies involved.new text end
8.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
8.5 Sec. 12. new text begin [299C.5655] MISSING PERSONS; STANDARDIZED REPORTS AND new text end
8.6new text begin PROCEDURES.new text end
8.7 new text begin By September 1, 2009, the superintendent of the Bureau of Criminal Apprehension new text end
8.8new text begin shall develop:new text end
8.9 new text begin (1) a standardized form for use by all law enforcement agencies when taking a new text end
8.10new text begin missing person report; andnew text end
8.11 new text begin (2) a model policy that incorporates standard processes, procedures, and information new text end
8.12new text begin to be provided to interested persons regarding developments in a missing person case.new text end
8.13 new text begin In developing the standardized form and model policy, the superintendent of the new text end
8.14new text begin Bureau of Criminal Apprehension shall convene a working group that includes interested new text end
8.15new text begin members of the public and representatives of the Minnesota Chiefs of Police Association, new text end
8.16new text begin Minnesota Sheriffs' Association, Minnesota Police and Peace Officers Association, and new text end
8.17new text begin a nonprofit foundation formed to assist in locating the missing persons. The working new text end
8.18new text begin group shall be funded by private resources.new text end
8.19 Sec. 13. Minnesota Statutes 2008, section 390.25, subdivision 2, is amended to read:
8.20 Subd. 2. Report to BCA. new text begin (a) new text end After 60new text begin 30new text end 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.
8.28new text begin (b) If a deceased's remains are identified as a missing person, the Bureau of Criminal new text end
8.29new text begin Apprehension or the lead law enforcement agency shall attempt to locate family members new text end
8.30new text begin of the deceased person and inform them of the death and location of the deceased person's new text end
8.31new text begin remains. All efforts to locate and notify family members shall be recorded and retained by new text end
8.32new text begin the Bureau of Criminal Apprehension or lead law enforcement agency.new text end
8.33new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
9.1 Sec. 14. Minnesota Statutes 2008, section 626.8454, is amended by adding a
9.2subdivision to read:
9.3 new text begin Subd. 4.new text end new text begin Available resources.new text end new text begin If an agency, board, or local representative reviews new text end
9.4new text begin or updates its policies for missing children or persons investigations, it may consider new text end
9.5new text begin the following resources:new text end
9.6new text begin (1) nonprofit search and rescue organizations that provide trained animal searches, new text end
9.7new text begin specialized equipment, and man trackers;new text end
9.8new text begin (2) assistance from other law enforcement agencies at the local, state, or federal new text end
9.9new text begin level, or qualified missing persons organizations;new text end
9.10new text begin (3) use of subpoenas or search warrants for electronic and wireless communication new text end
9.11new text begin devices, computers, and Web sites; andnew text end
9.12new text begin (4) assistance and services provided by the Civil Air Patrol.new text end
9.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end