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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
missing children; mandatory reporting
(NOW: missing children; law enforcement; reporting)
Purpose
Outlines reporting requirements for law enforcement agencies that receive a report of a missing, kidnapped or runaway child.
Background
Statute requires, for a dependent child, if there is a report or notice that the child is at risk of serious harm and the child's location is unknown, that the Department of Child Safety must notify the appropriate law enforcement agency and provide the information required to make the 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 a law enforcement agency, that agency must notify the state registrar in the state of the child's birth. The notification shall include the missing child's name, date of birth and county of birth. If the State Registrar is notified that a child born in Arizona is missing, the State Registrar must flag the child's registered birth certificate. If the missing child is found, the law enforcement agency that reported the child missing 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a law enforcement agency that receives a report of a missing, kidnapped or runaway child to:
a) within two hours after receiving the report and all necessary and available information, submit specified information to the ACIC, the NCIC computer networks and the National Missing and Unidentified Persons System;
b) within 30 days of the original entry of the record, verify and update the record with any additional information;
c) institute or assist with appropriate search and investigative procedures;
d) maintain a close liaison with state and local child welfare systems and other organizations;
e) grant permission to the NCIC terminal contractor for Arizona to update the missing child record in the NCIC computer networks with additional information; and
f) notify the National Center for Missing and Exploited Children, in addition to the other required entities, if the child is in the foster care system.
2. Prohibits an entry from being removed from any database or system until the child is found or the case is closed.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Modifies duties of a law enforcement agency that receives a report of a missing, kidnapped or runaway child.
2. Removes the requirement that a law enforcement agency that does not have access to specified databases must provide the reported information to the sheriff in the county where the report is received or the Department of Public Safety.
House Action Senate Action
HHS 2/1/21 DP 9-0-0-0 JUD 3/25/21 DPA/SE 7-1-0
3rd Read 2/22/21 54-6-0
Prepared by Senate Research
April 28, 2021
JA/kja