reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter F. Removal of Registration Information › Article 62.251. Removing Registration Information When Duty to Register Expires

(a)  When a person is no longer required to register as a sex offender under this chapter, the department shall remove all information about the person from the sex offender registry.
(b)  The duty to remove information under Subsection (a) arises if:
(1)  the department has received notice from a local law enforcement authority under Subsection (c) or (d) that the person is no longer required to register or will no longer be required to renew registration and the department verifies the correctness of that information;
(2)  the court having jurisdiction over the case for which registration is required requests removal and the department determines that the duty to register has expired; or
(3)  the person or the person's representative requests removal and the department determines that the duty to register has expired.
(c)  When a person required to register under this chapter appears before a local law enforcement authority to renew or modify registration information, the authority shall determine whether the duty to register has expired.  If the authority determines that the duty to register has expired, the authority shall remove all information about the person from the sex offender registry and notify the department that the person's duty to register has expired.
(d)  When a person required to register under this chapter appears before a local law enforcement authority to renew registration information, the authority shall determine whether the renewal is the final annual renewal of registration required by law.  If the authority determines that the person's duty to register will expire before the next annual renewal is scheduled, the authority shall automatically remove all information about the person from the sex offender registry on expiration of the duty to register and notify the department that the information about the person has been removed from the registry.
(e)  When the department has removed information under Subsection (a), the department shall notify all local law enforcement authorities that have provided registration information to the department about the person of the removal.  A local law enforcement authority that receives notice from the department under this subsection shall remove all registration information about the person from its registry.
(f)  When the department has removed information under Subsection (a), the department shall notify all public and private agencies or organizations to which it has provided registration information about the person of the removal.  On receiving notice, the public or private agency or organization shall remove all registration information about the person from any registry the agency or organization maintains that is accessible to the public with or without charge.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter G. Exemption From Registration For › Article 62.301. Exemption From Registration for Certain Young Adult Sex Offenders

(a)  If eligible under Subsection (b) or (c), a person required to register under this chapter may petition the court having jurisdiction over the case for an order exempting the person from registration under this chapter at any time on or after the date of the person's sentencing or the date the person is placed on deferred adjudication community supervision, as applicable.
(b)  A person is eligible to petition the court as described by Subsection (a) if:
(1)  the person is required to register only as a result of a single reportable conviction or adjudication, other than an adjudication of delinquent conduct; and
(2)  the court has entered in the appropriate judgment or has filed with the appropriate papers a statement of an affirmative finding described by Article 42.017 or 42A.105(c).
(c)  A defendant who before September 1, 2011, is convicted of or placed on deferred adjudication community supervision for an offense under Section 21.11 or 22.011, Penal Code, is eligible to petition the court as described by Subsection (a).  The court may consider the petition only if the petition states and the court finds that the defendant would have been entitled to the entry of an affirmative finding under Article 42.017 or 42A.105(c), as appropriate, had the conviction or placement on deferred adjudication community supervision occurred after September 1, 2011.
(c-1)  At a hearing on the petition described by Subsection (a), the court may consider:
(1)  testimony from the victim or intended victim, or a member of the victim's or intended victim's family, concerning the requested exemption;
(2)  the relationship between the victim or intended victim and the petitioner at the time of the hearing; and
(3)  any other evidence that the court determines is relevant and admissible.
(d)  After a hearing on the petition described by Subsection (a), the court may issue an order exempting the person from registration under this chapter if it appears by a preponderance of the evidence that:
(1)  the exemption does not threaten public safety;
(2)  the person's conduct did not occur without the consent of the victim or intended victim as described by Section 22.011(b), Penal Code;
(3)  the exemption is in the best interest of the victim or intended victim; and
(4)  the exemption is in the best interest of justice.
(e)  An order exempting the person from registration under this chapter does not expire, but the court shall withdraw the order if after the order is issued the person receives a reportable conviction or adjudication under this chapter.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 134 (S.B. 198), Sec. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.27, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter H. Exemptions From Registration for Certain Juveniles › Article 62.351. Motion and Hearing Generally

(a)  During or after disposition of a case under Section 54.04, Family Code, for adjudication of an offense for which registration is required under this chapter, the juvenile court on motion of the respondent shall conduct a hearing to determine whether the interests of the public require registration under this chapter.  The motion may be filed and the hearing held regardless of whether the respondent is under 18 years of age.  Notice of the motion and hearing shall be provided to the prosecuting attorney.
(b)  The hearing is without a jury and the burden of persuasion is on the respondent to show by a preponderance of evidence that the criteria of Article 62.352(a) have been met.  The court at the hearing may make its determination based on:
(1)  the receipt of exhibits;
(2)  the testimony of witnesses;
(3)  representations of counsel for the parties; or
(4)  the contents of a social history report prepared by the juvenile probation department that may include the results of testing and examination of the respondent by a psychologist, psychiatrist, or counselor.
(c)  All written matter considered by the court shall be disclosed to all parties as provided by Section 54.04(b), Family Code.
(d)  If a respondent, as part of a plea agreement, promises not to file a motion seeking an order exempting the respondent from registration under this chapter, the court may not recognize a motion filed by a respondent under this article.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter H. Exemptions From Registration for Certain Juveniles › Article 62.352. Order Generally

(a)  The court shall enter an order exempting a respondent from registration under this chapter if the court determines:
(1)  that the protection of the public would not be increased by registration of the respondent under this chapter; or
(2)  that any potential increase in protection of the public resulting from registration of the respondent is clearly outweighed by the anticipated substantial harm to the respondent and the respondent's family that would result from registration under this chapter.
(b)  After a hearing under Article 62.351 or under a plea agreement described by Article 62.355(b), the juvenile court may enter an order:
(1)  deferring decision on requiring registration under this chapter until the respondent has completed treatment for the respondent's sexual offense as a condition of probation or while committed to the Texas Juvenile Justice Department; or
(2)  requiring the respondent to register as a sex offender but providing that the registration information is not public information and is restricted to use by law enforcement and criminal justice agencies, the Council on Sex Offender Treatment, and public or private institutions of higher education.
(c)  If the court enters an order described by Subsection (b)(1), the court retains discretion and jurisdiction to require, or exempt the respondent from, registration under this chapter at any time during the treatment or on the successful or unsuccessful completion of treatment, except that during the period of deferral, registration may not be required.  Following successful completion of treatment, the respondent is exempted from registration under this chapter unless a hearing under this subchapter is held on motion of the prosecuting attorney, regardless of whether the respondent is 18 years of age or older, and the court determines the interests of the public require registration.  Not later than the 10th day after the date of the respondent's successful completion of treatment, the treatment provider shall notify the juvenile court and prosecuting attorney of the completion.
(d)  Information that is the subject of an order described by Subsection (b)(2) may not be posted on the Internet or released to the public.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter H. Exemptions From Registration for Certain Juveniles › Article 62.354. Motion, Hearing, and Order Concerning Person Required to Register Because of Out-of-State Adjudication

(a)  A person required to register as a sex offender in this state because of an out-of-state adjudication of delinquent conduct may file in the juvenile court of the person's county of residence a petition under Article 62.351 for an order exempting the person from registration under this chapter.
(b)  If the person is already registered as a sex offender in this state because of an out-of-state adjudication of delinquent conduct, the person may file in the juvenile court of the person's county of residence a petition under Article 62.353 for an order removing the person from sex offender registries in this state.
(c)  On receipt of a petition under this article, the juvenile court shall conduct a hearing and make rulings as in other cases under this subchapter.
(d)  An order entered under this article requiring removal of registration information applies only to registration information derived from registration in this state.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter H. Exemptions From Registration for Certain Juveniles › Article 62.355. Waiver of Hearing

(a)  The prosecuting attorney may waive the state's right to a hearing under this subchapter and agree that registration under this chapter is not required.  A waiver under this subsection must state whether the waiver is entered under a plea agreement.
(b)  If the waiver is entered under a plea agreement, the court, without a hearing, shall:
(1)  enter an order exempting the respondent from registration under this chapter; or
(2)  under Section 54.03(j), Family Code, inform the respondent that the court believes a hearing under this article is required and give the respondent the opportunity to:
(A)  withdraw the respondent's plea of guilty, nolo contendere, or true; or
(B)  affirm the respondent's plea and participate in the hearing.
(c)  If the waiver is entered other than under a plea agreement, the court, without a hearing, shall enter an order exempting the respondent from registration under this chapter.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter H. Exemptions From Registration for Certain Juveniles › Article 62.356. Effect of Certain Orders

(a)  A person who has an adjudication of delinquent conduct that would otherwise be reportable under Article 62.001(5) does not have a reportable adjudication of delinquent conduct for purposes of this chapter if the juvenile court enters an order under this subchapter exempting the person from the registration requirements of this chapter.
(b)  If the juvenile court enters an order exempting a person from registration under this chapter, the respondent may not be required to register in this or any other state for the offense for which registration was exempted.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter H. Exemptions From Registration for Certain Juveniles › Article 62.357. Appeal of Certain Orders

(a)  Notwithstanding Section 56.01, Family Code, on entry by a juvenile court of an order under Article 62.352(a) exempting a respondent from registration under this chapter, the prosecuting attorney may appeal that order by giving notice of appeal within the time required under Rule 26.2(b), Texas Rules of Appellate Procedure.  The appeal is civil and the standard of review in the appellate court is whether the juvenile court committed procedural error or abused its discretion in exempting the respondent from registration under this chapter.  The appeal is limited to review of the order exempting the respondent from registration under this chapter and may not include any other issues in the case.
(b)  A respondent may under Section 56.01, Family Code, appeal a juvenile court's order under Article 62.352(a) requiring registration in the same manner as the appeal of any other legal issue in the case.  The standard of review in the appellate court is whether the juvenile court committed procedural error or abused its discretion in requiring registration.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter I. Early Termination of Certain Persons' › Article 62.401. Definition

In this subchapter, "council" means the Council on Sex Offender Treatment.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter I. Early Termination of Certain Persons' › Article 62.402. Determination of Minimum Required Registration Period

(a)  The department by rule shall determine the minimum required registration period under federal law for each reportable conviction or adjudication under this chapter.
(b)  After determining the minimum required registration period for each reportable conviction or adjudication under Subsection (a), the department shall compile and publish a list of reportable convictions or adjudications for which a person must register under this chapter for a period that exceeds the minimum required registration period under federal law.
(c)  To the extent possible, the department shall periodically verify with the United States Department of Justice's Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking or another appropriate federal agency or office the accuracy of the list of reportable convictions or adjudications described by Subsection (b).
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 134 (S.B. 198), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter I. Early Termination of Certain Persons' › Article 62.403. Individual Risk Assessment

(a)  The council by rule shall establish, develop, or adopt an individual risk assessment tool or a group of individual risk assessment tools that:
(1)  evaluates the criminal history of a person required to register under this chapter; and
(2)  seeks to predict:
(A)  the likelihood that the person will engage in criminal activity that may result in the person receiving a second or subsequent reportable adjudication or conviction; and
(B)  the continuing danger, if any, that the person poses to the community.
(b)  On the written request of a person with a single reportable adjudication or conviction that appears on the list published under Article 62.402(b), the council shall:
(1)  evaluate the person using the individual risk assessment tool or group of individual risk assessment tools established, developed, or adopted under Subsection (a); and
(2)  provide to the person a written report detailing the outcome of an evaluation conducted under Subdivision (1).
(c)  An individual risk assessment provided to a person under this subchapter is confidential and is not subject to disclosure under Chapter 552, Government Code.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter I. Early Termination of Certain Persons' › Article 62.404. Motion for Early Termination

(a)  A person required to register under this chapter who has requested and received an individual risk assessment under Article 62.403 may file with the trial court that sentenced the person for the reportable conviction or adjudication a motion for early termination of the person's obligation to register under this chapter.
(b)  A motion filed under this article must be accompanied by:
(1)  a written explanation of how the reportable conviction or adjudication giving rise to the movant's registration under this chapter qualifies as a reportable conviction or adjudication that appears on the list published under Article 62.402(b); and
(2)  a certified copy of a written report detailing the outcome of an individual risk assessment evaluation conducted under Article 62.403(b)(1).
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter I. Early Termination of Certain Persons' › Article 62.405. Hearing on Petition

(a)  After reviewing a motion filed with the court under Article 62.404, the court may:
(1)  deny without a hearing the movant's request for early termination; or
(2)  hold a hearing on the motion to determine whether to grant or deny the motion.
(b)  The court may not grant a motion filed under Article 62.404 if:
(1)  the motion is not accompanied by the documents required under Article 62.404(b); or
(2)  the court determines that the reportable conviction or adjudication for which the movant is required to register under this chapter is not a reportable conviction or adjudication for which the movant is required to register for a period that exceeds the minimum required registration period under federal law.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter I. Early Termination of Certain Persons' › Article 62.406. Costs of Individual Risk Assessment and of Court

A person required to register under this chapter who files a motion for early termination of the person's registration obligation under this chapter is responsible for and shall remit to the council and to the court, as applicable, all costs associated with and incurred by the council in providing the individual risk assessment or by the court in holding a hearing under this subchapter.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter I. Early Termination of Certain Persons' › Article 62.407. Effect of Order Granting Early Termination

(a)  If, after notice to the person and to the prosecuting attorney and a hearing, the court grants a motion filed under Article 62.404 for the early termination of a person's obligation to register under this chapter, notwithstanding Article 62.101, the person's obligation to register under this chapter ends on the later of:
(1)  the date the court enters the order of early termination; or
(2)  the date the person has paid each cost described by Section 62.406.
(b)  If the court grants a motion filed under Article 62.404 for the early termination of a person's obligation to register under this chapter, all conditions of the person's parole, release to mandatory supervision, or community supervision shall be modified in accordance with the court's order.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 62 - Sex Offender Registration Program › Subchapter I. Early Termination of Certain Persons' › Article 62.408. Nonapplicability

This subchapter does not apply to a person without a reportable conviction or adjudication who is required to register as a condition of parole, release to mandatory supervision, or community supervision.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.0015. Presumption Regarding Parentage

For purposes of this chapter, a person named as a child's mother or father in the child's birth certificate is presumed to be the child's parent.
Added by Acts 1999, 76th Leg., ch. 685, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.0016. Attempted Child Abduction by Relative

For purposes of this chapter, "attempted child abduction" does not include an attempted abduction in which the actor was a relative, as defined by Section 20.01, Penal Code, of the person intended to be abducted.
Added by Acts 2013, 83rd Leg., R.S., Ch. 571 (S.B. 742), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.002. Missing Children and Missing Persons Information Clearinghouse

(a)  The missing children and missing persons information clearinghouse is established within the Department of Public Safety.
(b) The clearinghouse is under the administrative direction of the director of the department.
(c) The clearinghouse shall be used by all law enforcement agencies of the state.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.002 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Renumbered from Human Resources Code Sec. 79.002 by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.002 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.003. Function of Clearinghouse

(a)  The clearinghouse is a central repository of information on missing children, missing persons, and attempted child abductions.
(b)  The clearinghouse shall:
(1)  establish a system of intrastate communication of information relating to missing children and missing persons;
(2)  provide a centralized file for the exchange of information on missing children, missing persons, and unidentified dead bodies within the state;
(3)  communicate with the national crime information center for the exchange of information on missing children and missing persons suspected of interstate travel;
(4)  collect, process, maintain, and disseminate accurate and complete information on missing children and missing persons;
(5)  provide a statewide toll-free telephone line for the reporting of missing children and missing persons and for receiving information on missing children and missing persons;
(6)  provide and disseminate to legal custodians, law enforcement agencies, and the Texas Education Agency information that explains how to prevent child abduction and what to do if a child becomes missing; and
(7)  receive and maintain information on attempted child abductions in this state.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.003 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.59, eff. Sept. 1, 1997.  Renumbered from Human Resources Code Sec. 79.003 and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.003 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 571 (S.B. 742), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.004. Report Forms

(a)  The Department of Public Safety shall distribute missing children and missing person report forms.
(b) A missing child or missing person report may be made to a law enforcement officer authorized by that department to receive reports in person or by telephone or other indirect method of communication and the officer may enter the information on the form for the reporting person.  A report form may also be completed by the reporting person and delivered to a law enforcement officer.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.004 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Renumbered from Human Resources Code Sec. 79.004 by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.004 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.0041. Reporting of Attempted Child Abduction

(a)  A local law enforcement agency, on receiving a report of an attempted child abduction, shall as soon as practicable, but not later than eight hours after receiving the report, provide any relevant information regarding the attempted child abduction to the clearinghouse.  Information not immediately available shall be obtained by the agency and entered into the clearinghouse as a supplement to the original entry as soon as possible.
(b)  A law enforcement officer or local law enforcement agency reporting an attempted child abduction to the clearinghouse shall make the report by use of the Texas Law Enforcement Telecommunications System or a successor system of telecommunication used by law enforcement agencies and operated by the Department of Public Safety.
Added by Acts 2013, 83rd Leg., R.S., Ch. 571 (S.B. 742), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1016 (H.B. 1503), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.005. Distribution of Information

(a)  The clearinghouse shall print and distribute posters, flyers, and other forms of information containing descriptions of missing children.
(b) The clearinghouse shall also provide to the Texas Education Agency information about missing children who may be located in the school systems.
(c) The clearinghouse may also receive information about missing children from the Public Education Information Management System of the Texas Education Agency and from school districts.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.005 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 190, Sec. 2, eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 165, Sec. 6.60, eff. Sept. 1, 1997.  Renumbered from Human Resources Code Sec. 79.005 and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.005 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.006. Release of Dental Records

(a)  At the time a report is made for a missing child, the person to whom the report is given shall give or mail to the reporter a dental record release form.  The officer receiving the report shall endorse the form with the notation that a missing child report has been made in compliance with this chapter.  When the form is properly completed by the reporter, and contains the endorsement, the form is sufficient to permit any dentist or physician in this state to release dental records relating to the child reported missing.
(b) At any time a report is made for a missing person the law enforcement officer taking the report shall complete a dental release form that states that the person is missing and that there is reason to believe that the person has not voluntarily relocated or removed himself from communications with others and that authorizes the bearer of the release to obtain dental information records from any dentist or physician in this state.
(c) Any person who obtains dental records through the use of the form authorized by this article shall send the records to the clearinghouse.
(d) The judge of any court of record of this state may for good cause shown authorize the release of dental records of a missing child or missing person.
(e) A dentist or physician who releases dental records to a person presenting a proper release executed or ordered under this article is immune from civil liability or criminal prosecution for the release of those records.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.006 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Renumbered from Human Resources Code Sec. 79.006 and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Subsec. (b) amended by Acts 1999, 76th Leg., ch. 685, Sec. 3, eff. Sept. 1, 1999.  Renumbered from Vernon's Ann.C.C.P. art. 62.006 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.007. Release of Medical Records

(a)  At the time a report is made for a missing child or adult, the law enforcement officer taking the report shall give a medical record release form to the parent, spouse, adult child, or legal guardian who is making the report.  The officer receiving the report shall endorse the form with the notation that a missing child or missing adult report has been made in compliance with this chapter.  When the form is properly completed by the parent, spouse, adult child, or legal guardian, and contains the endorsement, the form is sufficient to permit any physician, health care facility, or other licensed health care provider in this state to release to the law enforcement officer presenting the release dental records, blood type, height, weight, X rays, and information regarding scars, allergies, or any unusual illnesses suffered by the person who is reported missing.  Except as provided by Subsection (d), a medical record of a missing child may be released only if the medical record release form is signed by a parent or legal guardian.
(b) At any time a report is made for an adult missing person, the law enforcement officer taking the report shall complete a medical release form that states that the person is missing and that there is reason to believe that the person has not voluntarily relocated or removed himself or herself from communications with others.  A release under this subsection is not valid unless it is signed by the adult missing person's:
(1) spouse;
(2) adult child who is reasonably available;
(3) parent;  or
(4) legal guardian.
(c) A law enforcement officer who obtains medical records under this article shall send a copy of the records to the clearinghouse.  A law enforcement officer who obtains records under this article, a law enforcement agency using the records, and the clearinghouse are prohibited from disclosing the information contained in or obtained through the medical records unless permitted by law.  Information contained in or obtained through medical records may be used only for purposes directly related to locating the missing person.
(d) The judge of any court of record of this state may for good cause shown authorize the release of pertinent medical records of a missing child or missing adult.
(e) A physician, health care facility, or other licensed health care provider releasing a medical record to a person presenting a proper release executed or ordered under this article is immune from civil liability or criminal prosecution for the release of the record.
Added by Acts 1995, 74th Leg., ch. 438, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Human Resources Code Sec. 79.0065 and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.007 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.008. Missing Children Program

(a)  The Texas Education Agency shall develop and administer a program for the location of missing children who may be enrolled within the Texas school system, including nonpublic schools, and for the reporting of children who may be missing or who may be unlawfully removed from schools.
(b) The program shall include the use of information received from the missing children and missing persons information clearinghouse and shall be coordinated with the operations of that information clearinghouse.
(c) The State Board of Education may adopt rules for the operation of the program and shall require the participation of all school districts and accredited private schools in this state.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.007 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.61, eff. Sept. 1, 1997.  Renumbered from Human Resources Code Sec. 79.007 and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.008 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.0091. Law Enforcement Requirements Regarding Reports of Certain Missing Children

(a)  The public safety director of the Department of Public Safety shall adopt rules regarding the procedures for a local law enforcement agency on receiving a report of a missing child who:
(1)  had been reported missing on four or more occasions in the 24-month period preceding the date of the current report;
(2)  is in foster care or in the conservatorship of the Department of Family and Protective Services and had been reported missing on two or more occasions in the 24-month period preceding the date of the current report; or
(3)  is at a high risk of human trafficking, sexual assault, exploitation, abuse, or neglectful supervision for any reason the agency considers to be high risk, including because the missing child:
(A)  disappeared while in a dangerous environment;
(B)  has mental or behavioral health needs;
(C)  previously exhibited signs of mental illness;
(D)  has an intellectual or developmental disability; or
(E)  is known to have been last seen or in communication with an adult unknown to the child's family or legal guardian.
(b)  The rules adopted under this article must require that:
(1)  in entering information regarding the report into the national crime information center missing person file as required by Article 63.00905(a)(2) for a missing child described by Subsection (a), the local law enforcement agency shall indicate, in the manner specified in the rules, that the child is at a high risk of harm and include relevant information regarding:
(A)  any prior occasions on which the child was reported missing; and
(B)  the circumstances considered when designating the child as high risk; and
(2)  the local law enforcement agency that receives a report of a missing child described by Subsection (a)(3) shall:
(A)  reasonably escalate the response; and
(B)  immediately, but not later than two hours after receiving the report, notify all law enforcement agencies within 100 miles, including agencies from other states, of the circumstances and high risk designation of the missing child.
(c)  If, at the time the initial entry into the national crime information center missing person file is made, the local law enforcement agency has not determined that the requirements of this article apply to the report of the missing child, the information required by Subsection (b)(1) must be added to the entry promptly after the agency investigating the report or the Department of Public Safety determines that the missing child is described by Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 571 (S.B. 742), Sec. 6, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 745 (H.B. 1793), Sec. 2, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 729 (H.B. 2660), Sec. 6, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 979 (S.B. 2429), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.010. Attorney General to Require Compliance

The attorney general shall require each law enforcement agency to comply with this chapter and may seek writs of mandamus or other appropriate remedies to enforce this chapter.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.009 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Renumbered from Human Resources Code Sec. 79.009 by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.010 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.011. Missing Children Investigations

On the written request made to a law enforcement agency by a parent, foster parent, managing or possessory conservator, guardian of the person or the estate, or other court-appointed custodian of a child whose whereabouts are unknown, the law enforcement agency shall request from the missing children and missing persons information clearinghouse information concerning the child that may aid the person making the request in the identification or location of the child.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.010 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Renumbered from Human Resources Code Sec. 79.010 by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.011 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.012. Report of Inquiry

A law enforcement agency to which a request has been made under Article 63.011 of this code shall report to the parent on the results of its inquiry within 14 days after the day that the written request is filed with the law enforcement agency.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.011 and amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), (27), eff. Sept. 1, 1987.  Renumbered from Human Resources Code Sec. 79.011 and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.012 and amended by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 19.02(1), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.013. Information to Clearinghouse

Each law enforcement agency shall provide to the missing children and missing persons information clearinghouse:
(1)  any information that would assist in the location or identification of any missing child who has been reported to the agency as missing; and
(2)  any information regarding an attempted child abduction that has been reported to the agency or that the agency has received from any person or another agency.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.012 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Renumbered from Human Resources Code Sec. 79.012 by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.013 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 571 (S.B. 742), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.014. Cross-Checking and Matching

(a)  The clearinghouse shall cross-check and attempt to match unidentified bodies with missing children or missing persons.  When the clearinghouse discovers a possible match between an unidentified body and a missing child or missing person, the Department of Public Safety shall notify the appropriate law enforcement agencies.
(b) Those law enforcement agencies that receive notice of a possible match shall make arrangements for positive identification and complete and close out the investigation with notification to the clearinghouse.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.013 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Renumbered from Human Resources Code Sec. 79.013 by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.014 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.015. Availability of Information Through Other Agencies

(a)  On the request of any law enforcement agency, a city or state agency shall furnish the law enforcement agency with any information about a missing child or missing person that will assist in completing the investigation.
(b) The information given under Subsection (a) of this article is confidential and may not be released to any other person outside of the law enforcement agency.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.  Renumbered from Human Resources Code Sec. 74.014 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.  Renumbered from Human Resources Code Sec. 79.014 and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.015 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.016. Donations

The Department of Public Safety may accept money donated from any source to assist in financing the activities and purposes of the missing children and missing persons information clearinghouse.
Added by Acts 1987, 70th Leg., ch. 894, Sec. 1, eff. June 19, 1987.  Renumbered from Human Resources Code Sec. 79.015 by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.016 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.017. Confidentiality of Certain Records

Clearinghouse records that relate to the investigation by a law enforcement agency of a missing child, a missing person, or an unidentified body and records or notations that the clearinghouse maintains for internal use in matters relating to missing children, missing persons, or unidentified bodies are confidential.
Added by Acts 1989, 71st Leg., ch. 190, Sec. 1, eff. Aug. 28, 1989.  Renumbered from Human Resources Code Sec. 79.016 by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.017 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.