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Missing persons and alert systems
Summary of the topic
Chapter 63 of the Code of Criminal Procedure sets a series of deadlines that start when a law enforcement agency receives a report. Article 63.001 defines a missing person as a person 18 or older whose disappearance is possibly not voluntary, and a missing child as a person under 18 whose whereabouts are unknown to the legal custodian in the circumstances the article lists. Article 63.004 allows a report to be made in person, by telephone or by other indirect communication, and the chapter contains no waiting period.
Article 63.009 states what the agency does on receiving a report. It starts an investigation, immediately if the person is known or reported to have chronic dementia, and otherwise with due diligence. Not later than two hours after receiving the report, it enters the person into the clearinghouse and the national crime information center missing person file if the person meets the center's criteria. Not later than 48 hours, it submits the report electronically to every municipal or county law enforcement agency within 200 miles. Not later than the 60th day, it enters the person into the National Missing and Unidentified Persons System. When the person is returned or an unidentified body is identified, the agency clears the entry immediately. Article 63.0091 adds a high-risk indication for certain missing children, such as a child reported missing four or more times in the preceding 24 months, and for those children the agency notifies agencies within 100 miles within two hours.
The statewide alerts are in Government Code Chapter 411. The Amber Alert applies to an abducted child 17 or younger and to a missing person with an intellectual disability. For an abducted child, the local agency must believe the child is in immediate danger of serious bodily injury or death or of sexual assault, must confirm through a preliminary investigation that the abduction is verified, and must have enough information to disseminate to the public. The Silver Alert applies to a missing person who is 65 or older with an impaired mental condition, or who has Alzheimer's disease, and the agency must require the family or legal guardian to provide documentation of the person's age and condition. The Blue Alert applies to a suspect who has killed or seriously injured a law enforcement officer and has not been apprehended. The CLEAR Alert applies to a missing adult aged 18 to 64 who has been missing for less than 72 hours and who is in imminent danger or whose disappearance may not have been voluntary. Each alert has its own criteria, so the first step with any alert question is to identify who is missing.
Provisions this topic covers
- Tex. Code Crim. Proc. ch. 63
- Tex. Gov. Code ch. 411 subch. L
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