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AN ACT
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relating to the activation of the statewide alert system for |
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abducted children. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 411.355(a), Government Code, is amended |
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to read as follows: |
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�������(a)��On the request of a local law enforcement agency, the |
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department shall activate the alert system and notify appropriate |
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participants in the alert system, as established by rule, if: |
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�������������(1)��the local law enforcement agency believes that a |
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child has been abducted, including a child who: |
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�������������������(A)��is younger than 14 years of age; and |
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�������������������(B)��regardless of whether the child departed |
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willingly with the other person, has been taken from the care and |
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custody of the child's parent or legal guardian without the |
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permission of the parent or legal guardian by another person who is: |
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�������������������������(i)��more than three years older than the |
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child; and |
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�������������������������(ii)��not related to the child by any degree |
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of consanguinity or affinity as defined under Subchapter B, Chapter |
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573, Government Code; |
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�������������(2)��the local law enforcement agency believes that the |
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abducted child is in immediate danger of serious bodily injury or |
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death or of becoming the victim of a sexual assault; |
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�������������(3)��the local law enforcement agency confirms that a |
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preliminary [an] investigation has taken place that verifies the |
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abduction and eliminates alternative explanations for the child's |
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disappearance; and |
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�������������(4)��sufficient information is available to |
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disseminate to the public that could assist in locating the child, a |
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person suspected of abducting the child, or a vehicle suspected of |
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being used in the abduction. |
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�������SECTION�2.��The change in law made by this Act applies only |
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to a request for the activation of the statewide alert system for |
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abducted children under Section 411.355, Government Code, as |
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amended by this Act, that is made on or after the effective date of |
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this Act. A request �for the activation of the statewide alert |
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system for abducted children that is made before the effective date |
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of this Act is governed by the law in effect when the request was |
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made, and that law is continued in effect for that purpose. |
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�������SECTION�3.��This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution.��If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 3385 was passed by the House on April |
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30, 2009, by the following vote:��Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 3385 was passed by the Senate on May |
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27, 2009, by the following vote:��Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate���� |
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APPROVED:��_____________________ |
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�������������������Date���������� |
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� |
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����������_____________________ |
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�����������������Governor������� |