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SF 1069

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; implementing procedures for investigating missing
person cases; amending Minnesota Statutes 2008, sections 13.82, subdivision 23;
299C.51; 299C.52; 299C.53; 299C.54; 299C.55; 299C.56; 390.25, subdivision
2; 626.8454; proposing coding for new law in Minnesota Statutes, chapter 299C.

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

Section 1.

Minnesota Statutes 2008, section 13.82, subdivision 23, is amended to read:


Subd. 23.

Data in missing deleted text begin childrendeleted text end new text begin personsnew text end bulletins.

Data described in section
299C.54 shall be classified as described in that section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 299C.51, is amended to read:


299C.51 CITATION.

Sections 299C.51 to deleted text begin 299C.53deleted text end new text begin 299C.565new text end may be cited as the "Minnesota Missing
deleted text begin Children'sdeleted text end new text begin Personsnew text end Act."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, section 299C.52, is amended to read:


299C.52 MINNESOTA MISSING deleted text begin CHILDdeleted text end new text begin PERSONSnew text end PROGRAM.

Subdivision 1.

Definitions.

As used in sections 299C.52 to deleted text begin 299C.56deleted text end new text begin 299C.565new text end , the
following terms have the meanings given them:

(a) "Child" means any person under the age of 18 years or any person certified or
known to be mentally incompetent.

(b) "CJIS" means Minnesota criminal justice information system.

(c) "Missing" means the status of a deleted text begin childdeleted text end new text begin personnew text end after a law enforcement agency that
has received a report of a missing deleted text begin childdeleted text end new text begin personnew text end has conducted a preliminary investigation
and determined that the deleted text begin childdeleted text end new text begin personnew text end cannot be located.

(d) "NCIC" means National Crime Information Center.

(e) "Endangerednew text begin new text end " means that a law enforcement official has received sufficient
evidence that the deleted text begin child is with adeleted text end new text begin missing new text end person deleted text begin who presents a threat of immediatedeleted text end new text begin is at
risk of
new text end physical injury deleted text begin to the child or physical or sexual abuse of the child.deleted text end new text begin or death. The
following circumstances indicate that a missing person is at risk of physical injury or death:
new text end

new text begin (1) the person is missing as a result of a confirmed abduction or under circumstances
that indicate that the person's disappearance was not voluntary;
new text end

new text begin (2) the person is missing under known dangerous circumstances;
new text end

new text begin (3) the person is missing more than 30 days;
new text end

new text begin (4) the person is under the age of 21;
new text end

new text begin (5) there is evidence the person is in need of medical attention or prescription
medication such that it will have a serious adverse effect on the person's health if he or she
does not receive the needed care or medication;
new text end

new text begin (6) the person does not have a pattern of running away or disappearing;
new text end

new text begin (7) the person is mentally impaired;
new text end

new text begin (8) there is evidence that the person may have been abducted by a noncustodial
parent;
new text end

new text begin (9) the person has been the subject of past threats or acts of violence; or
new text end

new text begin (10) any other factor that the law enforcement agency deems to indicate that the
person may be at risk of physical injury or death, including a determination by another law
enforcement agency that the person is missing and endangered.
new text end

new text begin (f) "DNA" means deoxyribonucleic acid from a human biological specimen.
new text end

Subd. 2.

Establishment.

The commissioner of public safety shall maintain a
Minnesota missing deleted text begin childdeleted text end new text begin personsnew text end program within the department to enable documented
information about missing Minnesota deleted text begin childrendeleted text end new text begin personsnew text end to be entered into the NCIC
computer.

Subd. 3.

Computer equipment and programsnew text begin , broadcastsnew text end .

new text begin (a) new text end The commissioner
shall provide the necessary computer hardware and computer programs to enter, modify,
and cancel information on missing deleted text begin childrendeleted text end new text begin personsnew text end in the NCIC computer through the
CJIS. These programs must provide for search and retrieval of information using the
following identifiers: physical description, name and date of birth, name and Social
Security number, name and driver's license number, vehicle license number, and vehicle
identification number.

new text begin (b) new text end The commissioner shall also provide a system for regional, statewide, multistate,
and nationwide broadcasts of information on missing deleted text begin childrendeleted text end new text begin personsnew text end . These broadcasts
shall be made by local law enforcement agencies where possible or, in the case of
statewide or nationwide broadcasts, by the Bureau of Criminal Apprehension upon request
of the local law enforcement agency.

Subd. 4.

Authority to enter or retrieve information.

Only law enforcement
agencies may enter missing deleted text begin childdeleted text end new text begin personnew text end information through the CJIS into the NCIC
computer or retrieve information through the CJIS from the NCIC computer.

Subd. 5.

Statistical data.

The commissioner shall annually compile and make
available statistical information on the number of missing deleted text begin childrendeleted text end new text begin personsnew text end entered into
the NCIC computer and, if available, information on the number located.

Subd. 6.

Rules.

The commissioner may adopt rules in conformance with sections
299C.52 to deleted text begin 299C.56deleted text end new text begin 299C.565new text end to provide for the orderly collection and entry of missing
deleted text begin childdeleted text end new text begin personnew text end information and requests for retrieval of missing deleted text begin childdeleted text end new text begin personnew text end information.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2008, section 299C.53, is amended to read:


299C.53 MISSING deleted text begin CHILDdeleted text end new text begin PERSONSnew text end REPORT; DUTIES OF
COMMISSIONER AND LAW ENFORCEMENT AGENCIES.

Subdivision 1.

Investigation and entry of information.

new text begin (a) A law enforcement
agency shall accept without delay any report of a missing person. The law enforcement
agency shall not refuse to accept a missing person report on the basis that:
new text end

new text begin (1) the missing person is an adult;
new text end

new text begin (2) the circumstances do not indicate foul play;
new text end

new text begin (3) the person has been missing for a short amount of time;
new text end

new text begin (4) the person has been missing for a long amount of time;
new text end

new text begin (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;
new text end

new text begin (6) the circumstances suggest that the disappearance may be voluntary;
new text end

new text begin (7) the reporting person does not have personal knowledge of the facts;
new text end

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

new text begin (9) the reporting person lacks a familial or other relationship with the missing
person; or
new text end

new text begin (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 exact whereabouts and
welfare of the person are known at the time the report is being made.
new text end

new text begin 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 end

new text begin (b) At the time a missing person report is filed, the law enforcement agency shall
seek to ascertain and record the following information about the missing person:
new text end

new text begin (1) the name of the missing person, including any aliases;
new text end

new text begin (2) date of birth;
new text end

new text begin (3) identifying marks, such as birthmarks, moles, tattoos, and scars;
new text end

new text begin (4) height and weight;
new text end

new text begin (5) gender;
new text end

new text begin (6) race;
new text end

new text begin (7) current hair color and true or natural hair color;
new text end

new text begin (8) eye color;
new text end

new text begin (9) prosthetics, surgical implants, or cosmetic implants;
new text end

new text begin (10) physical anomalies;
new text end

new text begin (11) blood type, if known;
new text end

new text begin (12) any medications the missing person is taking or needs to take;
new text end

new text begin (13) driver's license number, if known;
new text end

new text begin (14) Social Security number, if known;
new text end

new text begin (15) a recent photograph of the missing person, if available;
new text end

new text begin (16) a description of the clothing the missing person was believed to be wearing at
the time of disappearance;
new text end

new text begin (17) a description of notable items that the missing person may be carrying or
wearing;
new text end

new text begin (18) information regarding the missing person's electronic communications devices,
such as a cell phone number, e-mail address, and social networking user names and Web
sites;
new text end

new text begin (19) the reasons why the reporting person believes that the person is missing;
new text end

new text begin (20) the name and location of the missing person's school or employer, if known;
new text end

new text begin (21) the name and location of the missing person's dentist and primary care
physician, if known;
new text end

new text begin (22) any circumstances that may indicate that the disappearance was not voluntary;
new text end

new text begin (23) any circumstances that indicate that the missing person may be at risk of injury
or death;
new text end

new text begin (24) a description of the possible means of transportation of the missing person,
such as the make, model, color, license, and vehicle identification number (VIN) of a
motor vehicle;
new text end

new text begin (25) any identifying information about a known or possible abductor or the person
last seen with the missing person, including name, physical description, date of birth,
identifying marks, description of possible means of transportation, such as the make,
model, color, license, and vehicle identification number (VIN) of a motor vehicle, and
known associates;
new text end

new text begin (26) date of last contact; and
new text end

new text begin (27) any other information that can aid in locating the missing person.
new text end

new text begin (c) new text end Upon receiving a report of a deleted text begin childdeleted text end new text begin personnew text end believed to be missing, a law
enforcement agency shall new text begin immediately new text end conduct a preliminary investigation to determine
whether the deleted text begin childdeleted text end new text begin personnew text end is missingnew text begin , and if missing, whether the person is endangerednew text end .
If the deleted text begin childdeleted text end new text begin personnew text end 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 deleted text begin childdeleted text end new text begin
person
new text end is determined to be missing, the agency shall immediately enter identifying and
descriptive information about the deleted text begin childdeleted text end new text begin personnew text end through the CJIS into the NCIC computer.
Law enforcement agencies having direct access to the CJIS and 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.new text begin As
soon as practical, the agency shall enter any relevant information into the Federal Bureau
of Investigation's Violent Criminal Apprehension Program and the National Missing
and Unidentified Persons System.
new text end

Subd. 2.

Location of missing deleted text begin childdeleted text end new text begin personnew text end .

Immediately after a missing deleted text begin childdeleted text end new text begin
person
new text end is located, the law enforcement agency which located or returned the missing deleted text begin childdeleted text end new text begin
person
new text end shall notify the law enforcement agency having jurisdiction over the investigation,
and that agency shall cancel the entry from the NCIC computer.

Subd. 3.

Missing and endangered deleted text begin childrendeleted text end new text begin personsnew text end .

If the Bureau of Criminal
Apprehension receives a report from a law enforcement agency indicating that a deleted text begin childdeleted text end new text begin
person
new text end is missing and endangered, the superintendent may assist the law enforcement
agency in conducting the preliminary investigation, offer resources, and assist the agency
in helping implement the investigation policy with particular attention to the need for
immediate action.new text begin The law enforcement agency shall promptly notify all law enforcement
agencies in the state and, if deemed appropriate, law enforcement agencies in adjacent
states or jurisdictions of any information that may aid in the prompt location and safe
return of a missing and endangered person.
new text end

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
to 299C.565, the law enforcement agency and the Bureau of Criminal Apprehension shall
comply with requirements provided in federal law on reporting and investigating missing
children cases. For purposes of this subdivision, the definition of "child" or "children" or
"minor" shall be determined in accordance with the applicable federal law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 5.

new text begin [299C.535] INFORMATION PROVIDED TO FAMILY MEMBERS OR
PERSON FILING THE REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Notification. new text end

new text begin The law enforcement agency shall provide the
following information to the person making the report, a family member, or any other
person in a position to assist the law enforcement agency in its efforts to locate the
missing person:
new text end

new text begin (1) general information about the handling of the missing person case or about
intended efforts in the case to the extent that the law enforcement agency determines that
disclosure would not adversely affect its ability to locate or protect the missing person or
to apprehend or prosecute any persons criminally involved in the disappearance;
new text end

new text begin (2) contact information for the law enforcement agency in case the person is able to
provide additional information and materials that will aid in locating the missing person,
such as any credit or debit cards the missing person has access to, other banking or
financial information, and any records of cell phone use;
new text end

new text begin (3) in those cases where DNA samples are requested, a notification that all the
DNA samples are provided on a voluntary basis and shall be used solely to help locate or
identify the missing person and shall not be used for any other purpose; and
new text end

new text begin (4) information on the two clearinghouses for missing persons information. If the
person reported missing is age 17 or under, the law enforcement agency shall provide
contact information for the National Center for Missing and Exploited Children. If the
person reported missing is age 18 or older, the law enforcement agency shall provide
contact information for the National Center for Missing Adults. If the person reported
missing is age 18, 19, or 20, the law enforcement agency may contact the National Center
for Missing and Exploited Children and report the missing person information.
new text end

new text begin Subd. 2. new text end

new text begin Request for additional information. new text end

new text begin (a) If the person identified in the
missing person report remains missing for 30 days, and the additional information and
materials specified below have not been received, the law enforcement agency shall
attempt to obtain:
new text end

new text begin (1) DNA samples from family members and, if possible, from the missing person
along with any needed documentation, including consent forms, required for the use of
state or federal DNA databases;
new text end

new text begin (2) dental information and x-rays, and an authorization to release dental information
or x-rays of the missing person;
new text end

new text begin (3) any additional photographs of the missing person that may aid the investigation
or an identification; and
new text end

new text begin (4) fingerprints.
new text end

new text begin (b) All DNA samples obtained in missing persons cases shall be immediately
forwarded to the Bureau of Criminal Apprehension for analysis. The bureau shall
establish procedures for determining how to prioritize analysis of the samples relating
to missing person cases.
new text end

new text begin (c) The law enforcement agency shall immediately determine whether any additional
information received on the missing person indicates that the person is endangered.
new text end

new text begin (d) Any additional information or materials received by the law enforcement agency
shall be entered into the applicable state or federal database as soon as possible.
new text end

new text begin (e) Nothing in this section shall be construed to preclude a law enforcement agency
from obtaining any of the materials identified in this section before the 30th day following
the filing of the missing person report.
new text end

new text begin (f) The law enforcement agency shall not be required to obtain written authorization
before it releases publicly any photograph that would aid in the investigation or
identification of the missing person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 6.

Minnesota Statutes 2008, section 299C.54, is amended to read:


299C.54 MISSING deleted text begin CHILDRENdeleted text end new text begin PERSONSnew text end BULLETIN.

Subdivision 1.

Distribution.

The commissioner shall distribute a missing deleted text begin childrendeleted text end new text begin
persons
new text end bulletin on a quarterly basis to local law enforcement agencies, county attorneys,
andnew text begin , in the case of missing children, tonew text end public and nonpublic schools. The commissioner
shall also make this information accessible to other parties involved in efforts to locate
missing deleted text begin childrendeleted text end new text begin personsnew text end and to other persons as the commissioner considers appropriate.

Subd. 2.

Photograph.

deleted text begin The commissioner shall provide appropriate local law
enforcement agencies with a list of missing children, with an appropriate waiver form
to assist the agency in obtaining a photograph of each missing child.
deleted text end Local agencies
shall obtain the most recent photograph available for missing deleted text begin childrendeleted text end new text begin personsnew text end and
forward those photographs to the commissioner. The commissioner shall include these
photographs, as they become available, in the quarterly bulletins.

Subd. 3.

Included with mailing.

State and local elected officials and agencies may
enclose in their mailings information regarding missing deleted text begin childrendeleted text end new text begin personsnew text end obtained from
law enforcement agencies or from any organization that is recognized as a nonprofit,
tax-exempt organization under state or federal law and has an ongoing missing deleted text begin childrendeleted text end new text begin
persons
new text end program. Elected officials and commissioners of state agencies are urged to
develop policies to enclose missing deleted text begin childrendeleted text end new text begin personsnew text end information in mailings when it will
not increase postage costs and is otherwise considered appropriate.

Subd. 3a.

Collection of data.

Identifying information on missing deleted text begin childrendeleted text end new text begin personsnew text end
entered into the NCIC computer regarding cases that are still active at the time the missing
deleted text begin childrendeleted text end new text begin personsnew text end bulletin is compiled each quarter may be included in the bulletin.

Subd. 4.

Data classification.

The information included in the missing deleted text begin childrendeleted text end new text begin
persons
new text end bulletin is public data as defined in section deleted text begin 13.01deleted text end new text begin 13.02new text end , subdivision 15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 7.

Minnesota Statutes 2008, section 299C.55, is amended to read:


299C.55 TRAINING.

The commissioner shall adopt standards for training appropriate personnel
concerning the investigation of missing deleted text begin childrendeleted text end new text begin personnew text end cases.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 8.

Minnesota Statutes 2008, section 299C.56, is amended to read:


299C.56 RELEASE OF MEDICAL DATA.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings given.

(b) "Health care facility" means the office of a dentist or physician, or another
medical facility, that is in possession of identifying data.

(c) "Identifying data" means dental or skeletal X-rays, or both, and related
information, previously created in the course of providing dental or medical care to a deleted text begin childdeleted text end new text begin
person
new text end who has now been reported as missing.

Subd. 2.

Written declaration.

If a deleted text begin childdeleted text end new text begin personnew text end is reported missing, a law
enforcement agency may execute a written declaration, stating that an active investigation
seeking the location of the missing deleted text begin childdeleted text end new text begin personnew text end is being conducted, and that the
identifying data are necessary for the exclusive purpose of furthering the investigation.
Notwithstanding chapter 13 or section 144.651, subdivision 16, when a written declaration
executed under this subdivision, signed by a peace officer, is presented to a health care
facility, the facility shall provide access to the missing deleted text begin child'sdeleted text end new text begin person'snew text end identifying data
to the law enforcement agency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 9.

Minnesota Statutes 2008, section 390.25, subdivision 2, is amended to read:


Subd. 2.

Report to BCA.

new text begin (a) new text end After deleted text begin 60deleted text end new text begin 30new text end days, the coroner or medical examiner
shall provide to the Bureau of Criminal Apprehension missing persons clearinghouse
information to be entered into federal and state databases that can aid in the identification,
including the National Crime Information Center database. The coroner or medical
examiner shall provide to the Bureau of Criminal Apprehension specimens suitable for
DNA analysis. DNA profiles and information shall be entered by the Bureau of Criminal
Apprehension into federal and state DNA databases within five business days after the
completion of the DNA analysis and procedures necessary for the entry of the DNA profile.

new text begin (b) If a deceased's remains are identified as a missing person, the Bureau of Criminal
Apprehension shall attempt to locate family members of the deceased person and inform
them of the death and location of the deceased person's remains. All efforts to locate
and notify family members shall be recorded and retained by the Bureau of Criminal
Apprehension.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 10.

Minnesota Statutes 2008, section 626.8454, is amended to read:


626.8454 MANUAL AND POLICY FOR INVESTIGATING CASES
INVOLVING deleted text begin CHILDRENdeleted text end new text begin PERSONSnew text end WHO ARE MISSING AND ENDANGERED.

Subdivision 1.

Manual.

By July 1, deleted text begin 1994deleted text end new text begin 2010new text end , the superintendent of the Bureau of
Criminal Apprehension shall transmit to law enforcement agencies deleted text begin adeleted text end new text begin an updatednew text end training
and procedures manual on child abductionnew text begin and missing personnew text end investigations.

Subd. 2.

Model investigation policy.

By June 1, deleted text begin 1995deleted text end new text begin 2011new text end , the Peace Officer
Standards and Training Board shall develop a model investigation policy for cases
involving deleted text begin childrendeleted text end new text begin personsnew text end who are missing and endangered as defined in section 299C.52.
The model policy shall describe the procedures for the handling of cases involving
deleted text begin childrendeleted text end new text begin personsnew text end who are missing and endangered. In developing the policy, the board
shall consult with representatives of the Bureau of Criminal Apprehension, Minnesota
deleted text begin Policedeleted text end Chiefsnew text begin of Policenew text end Association, Minnesota deleted text begin Sheriff'sdeleted text end new text begin Sheriffs'new text end Association, Minnesota
Police and Peace Officers Association, Minnesota Association of Women Police,
Minnesota County Attorneys Association, a nonprofit foundation formed to deleted text begin combat child
abuse
deleted text end new text begin assist in locating missing personsnew text end , and two representatives of victims advocacy
groups selected by the commissioner of corrections. The manual on child abduction
deleted text begin investigationdeleted text end new text begin and missing person investigationsnew text end shall serve as a basis for defining the
specific actions to be taken during the early investigation.

Subd. 3.

Local policy.

By August 1, deleted text begin 1995deleted text end new text begin 2011new text end , each chief of police and sheriff
shall establish and implement a written policy governing the investigation of cases
involving deleted text begin childrendeleted text end new text begin personsnew text end who are missing and endangered as defined in section 299C.52.
The policy shall be based on the model policy developed under subdivision 2. The policy
shall include specific actions to be taken during the initial two-hour period.

new text begin Subd. 4. new text end

new text begin Available resources. new text end

new text begin In reviewing, updating, and developing manuals and
policies for missing person investigations, the agency, board, or local representative shall
consider the following resources:
new text end

new text begin (1) nonprofit search and rescue organizations that provide trained animal searches,
specialized equipment, and man trackers;
new text end

new text begin (2) assistance from other law enforcement agencies at the local, state, or federal
level, or qualified missing persons organizations;
new text end

new text begin (3) use of subpoenas or search warrants for electronic and wireless communication
devices, computers, and Web sites; and
new text end

new text begin (4) triangulation and tracking of cellular telephones and other wireless
communication devices.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end