ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: HHS DP 9-0-0-0 | 3rd Read 54-6-0-0

Senate: JUD DPA/SE 7-1-0-0 | 3rd Read 30-0-0-0

Final Read: 58-0-2-0


HB 2098: missing children; mandatory reporting

NOW: missing children; law enforcement; reporting

Sponsor:  Representative Jermaine, LD 18

Transmitted to the Governor

Overview

Establishes procedures for a law enforcement agency (agency) that receives a report of a missing, kidnapped or runaway child.

History

Upon receiving a report or information indicating a child is at risk and the child's location is unknown, the Arizona Department of Child Services must notify the appropriate agency and provide the required information needed for the agency to immediately make a record entry into the Arizona Crime Information Center (ACIC) and the National Crime Information Center (NCIC) missing person databases (A.R.S. § 8-810).

If a child is reported missing to an agency, the agency is required to notify the state registrar in the state the child was born. Upon receiving notification that a child born in Arizona is missing, the state registrar must flag the child's registered birth certificate indicating that the child is missing. When a request is made for a flagged birth certificate, the state registrar must document identifying information of the person making the request and immediately notify an agency of the request. If the child is found, the agency must notify the state registrar and the state registrar must remove the flag from the child's registered birth certificate (A.R.S. § 36-339).

Provisions

1.   Requires an agency that receives a report of a missing, kidnapped or runaway child to:

a)   Submit prescribed information and related available information to the ACIC, the NCIC computer networks and the National Missing and Unidentified Persons (NMUP) system within two hours after receiving the report;

b)   Verify and update the record with any additional information not later than 30 days after the record's original entry;

c)   Institute or assist with appropriate search and investigative procedures;

d)   Maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children (NCMEC) for the exchange of information and technical assistance in the missing child case; and

e)   Grant permission to the NCIC terminal contractor for Arizona to update the missing child record in the NCIC computer networks with additional information learned during the investigation that relates to the missing child. (Sec. 1)

2.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRequires an agency that receives a report of a missing, kidnapped or runaway child who is in the foster care system to notify the NCMEC in addition to the specified entities. (Sec. 1)

3.   Prohibits an entry from being removed from any database or system until the child is found or the case is closed. (Sec. 1)

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7.                     HB 2098

8.   Initials EB/IR         Page 0 Transmitted

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