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H0001........................................................by MR. SPEAKER
Requested by Department of Law Enforcement
MISSING PERSONS CLEARINGHOUSE - Amends existing law to provide for the
permanent establishment of the missing persons clearinghouse; and to
provide for immediate entry of information on missing and runaway children
in the National Crime Information Center.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Jud
01/20 Rpt out - rec d/p - to 2nd rdg
01/21 2nd rdg - to 3rd rdg
01/22 3rd rdg - PASSED - 61-1-8
AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Clark, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell,
Kjellander, Kunz, Lake, Limbaugh, Linford, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Ridinger,
Ringo, Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Taylor,
Tilman, Tippets, (Miller)(Trail), Watson, Wheeler, Williams, Wood,
Zimmermann, Mr Speaker
NAYS -- Barraclough
Absent and excused -- Chase, Crow, Hansen(29), Kellogg, Loertscher,
Reynolds, Robison, Sali
Floor Sponsor - Field(13)
Title apvd - to Senate
01/25 Senate intro - 1st rdg - to Jud
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Ipsen
Floor Sponsor - Dunklin
Title apvd - to House
02/09 To enrol
02/10 Rpt enrol - Sp signed
02/11 Pres signed
02/12 To Governor
02/18 Governor signed
Session Law Chapter 12
Effective: 07/01/99
H0001|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 1 BY MR. SPEAKER Requested by: Department of Law Enforcement 1 AN ACT 2 RELATING TO MISSING PERSONS; AMENDING SECTION 18-4509, IDAHO CODE, TO PROVIDE 3 FOR THE IMMEDIATE ENTRY OF INFORMATION REGARDING MISSING AND RUNAWAY CHIL- 4 DREN IN THE NATIONAL CRIME INFORMATION CENTER AND TO MAKE TECHNICAL COR- 5 RECTIONS; AND AMENDING SECTION 18-4512, IDAHO CODE, TO PROVIDE FOR A PER- 6 MANENT MISSING PERSONS CLEARINGHOUSE AND TO PROVIDE DUTIES OF THE DEPART- 7 MENT OF LAW ENFORCEMENT. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 18-4509, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 18-4509. MISSING CHILD REPORTS -- LAW ENFORCEMENT AGENCIES -- DUTIES. 12 ( 1.) Upon receiving a report of a miss- 13 ing or runaway child, a law enforcement agency shall:14(a) Ii mmediately enter identifying and descriptive 15 information about the child into the national crime information center 16 computer. Law enforcement agencies having direct access to the national 17 crime information center computer shall enter and retrieve the data 18 directly and shall cooperate in the entry and retrieval of data on behalf 19 of law enforcement agencies which do not have direct access to the 20 system .; and21(b) If the missing child was born in Idaho, notify the state registrar in22writing within five (5) business days. The law enforcement agency shall23make the written notification in a manner and form prescribed by the state24registrar. The notification shall include the missing child's name, date25of birth, county of birth, the mother's maiden name, and the name of a26contact person at the law enforcement agency which submitted the report.27(c) If the runaway child was born in Idaho, notify the state registrar in28writing within fifteen (15) business days. The law enforcement agencies29shall make the written notification in the manner and form prescribed by30the state registrar. The notification shall include the missing child's31name, date of birth, county of birth, the mother's maiden name, and the32name of a contact person at the law enforcement agency which has submitted33the report.34(d) If the missing child was born in a state other than Idaho and that35information is known, notify the state registrar or other state agency36responsible for vital records in the state where the child was born,37within five (5) business days. The state registrar shall provide the reg-38istrar or appropriate officer with information concerning the identity of39the missing child, if requested to do so.40(e) If the runaway child was born in a state other than Idaho and that41information is known, notify the state registrar or other state agency42responsible for vital records in the state where the child was born,43within fifteen (15) business days. The state register shall provide the2 1registrar or the appropriate officer with information concerning the iden-2tity of the missing child, if requested to do so.3 ( 2.) If the local law enforcement 4 agency has reason to believe that a missing or runaway child is enrolled in an 5 Idaho elementary or secondary school, it shall notify that school of the 6 report, at which time the school shall flag the missing child's record pursu- 7 ant to section 18-4511, Idaho Code. 8 ( 3.) The department of law enforcement 9 shall report the entries made by local law enforcement in the national crime 10 information center to the state registrar. Upon learning of the return 11 of a missing or runaway child, the department of law enforcement shall so 12 notify the state registrar of this state if the child was born in Idaho, or 13 the appropriate officer in the state where the child was born, and the school 14 informed under the provisions of subsection ( 2 ) of 15 this section. 16 ( 4.) The department of law 17 enforcement shall by rule determine the frequency, manner and 18 form of notices andinformationreports required by 19 this act. 20 ( 5.) Immediately after a missing 21 or runaway child is returned, the law enforcement agency having jurisdiction 22 over the investigation shall clear the entry from the national crime informa- 23 tion center computer. 24 SECTION 2. That Section 18-4512, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 18-4512. MISSING PERSONS CLEARINGHOUSE. (1) The department of law 27 enforcementis hereby directed toshall establish a 28three (3) year pilot project to be known as themissing persons 29 clearinghouse. The clearinghouse shall be established as of July 1,301996,as a resource center of information and assistance regarding 31 missing and unidentified persons. 32 (2) The director of the department of law enforcement shall appoint a 33 coordinatorwho will further define and develop the mostto 34 manage appropriate programs for addressing the problem of missing per- 35 sons, which may include the following: 36 (a) Collecting and maintaining computerized data and investigative infor- 37 mation on missing and unidentified persons in Idaho; 38 (b) Establishing access to the national crime information center and to 39 other sources of automated information; 40 (c) Distributing information to public and private nonprofit agencies 41 that will assist in the location and recovery of missing persons; 42 (d) Operating a toll-free telephone hotline for accepting reports relat- 43 ing to missing persons; 44 (e) Publishing a directory of missing persons; 45 (f) Compiling statistics on missing persons cases handled and resolved 46 each year; 47 (g) Developing and conducting training on issues relating to missing per- 48 sons; 49 (h) Developing and distributing educational and other information regard- 50 ing the prevention of abduction and sexual exploitation of children. 51 (3) The department of law enforcement may accept gifts and grants from 52 governmental agencies and private nonprofit organizations to achieve the pur- 53 poses of the clearinghouse. 3 1 (4) Thedirector of thedepartment of law enforcement shall 2submitpublish an annual reports to the legis-3latureon the activities andprogressachievements 4 of the clearinghouse.The reports shall be published no later5than twenty (20) days prior to the convening of a regular session. The annual6report published in 1998 shall include recommendations, made in consultation7with other state and local law enforcement agencies, regarding the permanent8establishment of the clearinghouse.9 (5) The department of law enforcement shall determine, by rule, the 10 type and content of information to be collected by the clearinghouse and the 11 manner of collecting and disseminating that information. 12 (6) The clearinghouse coordinator, in cooperation with the 13 office of the superintendent of public instruction , shall 14meet semiannually with the director of the department of law enforcement15or his designee todevelop a coordinated plan for the distribution of 16 informationand education ofto teachers and stu- 17 dents in the school districts of the state regardingthemissing 18 and runaway child ren.problem in the state.19The superintendent of public instruction shall encourage local school 20 districts to cooperate by providing the department of law enforcement with 21 information on any missing and runaway children that may be iden- 22 tified within the district.
STATEMENT OF PURPOSE
RS08411C1
In 1996, the legislature established a missing persons
clearinghouse as a three-year pilot project. The statutory
authorization will expire on June 30, 1999. This legislation would
establish the clearinghouse as a permanent program. It has proven
to be a valuable asset for local law enforcement, and the public
has been well served by its activities. If it is allowed to
sunset, Idaho would be the only state without a missing persons or
children clearinghouse.
The proposed legislation would also amend the law relating to
reporting by law enforcement agencies of missing and runaway
children to the national crime information center (NCIC). The
amendment would conform state law to current federal law regarding
the interstate communication of this information.
FISCAL IMPACT
The proposed legislation does not require activities that are
additional to any not already being performed by law enforcement
agencies. No fiscal impact is therefore envisioned for those
agencies currently entering information regarding missing and
runaway children in the NCIC.
During the pilot study, the clearinghouse has operated on an annual
appropriation of $15,000. The permanent program would require the
continuation of this annual appropriation.
CONTACT
Name: John Lewis, Assistant Director
Agency: Department of Law Enforcement
Phone: 884-7100
Statement of Purpose/Fiscal Impact H