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REFERENCE TITLE: missing persons; law enforcement duties |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2169 |
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Introduced by Representatives Dial, Gallego
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AN ACT
amending title 41, Arizona Revised Statutes, by adding chapter 51; relating to missing persons OR UNIDENTIFIED human remains.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 51, to read:
CHAPTER 51
MISSING PERSONS OR UNIDENTIFIED HUMAN REMAINS
ARTICLE 1. LAW ENFORCEMENT PROCEDURES INVOLVING
MISSING PERSONS OR UNIDENTIFIED HUMAN REMAINS
41-5101. Definitions
In this article, unless the context otherwise requires:
1. "Department" means the department of public safety.
2. "High risk missing person" means an individual whose whereabouts are not currently known and the circumstances indicate that the individual may be at risk of injury or death.
3. "Law enforcement agency" means any agency or entity of this state that employs a peace officer, which duties include law enforcement.
41-5102. Missing persons; reports
A. All law enforcement agencies shall accept without delay any report of a missing person. A law enforcement agency shall not refuse to accept a missing person report for any of the following reasons:
1. The missing person is an adult.
2. The circumstances do not indicate foul play.
3. The person has been missing for a short period of time.
4. The person has been missing for a long period of time.
5. The circumstances suggest that the disappearance may be voluntary.
6. The reporting person does not have personal knowledge of the facts.
7. The reporting person cannot provide all of the information that is requested by the law enforcement agency.
8. The reporting person lacks a familial or other relationship with the missing person.
B. Law enforcement agencies shall accept missing person reports in person and may accept reports by telephone or by electronic or other media to the extent that this reporting is consistent with law enforcement policies or practices.
C. In accepting a missing person report, the law enforcement agency shall attempt to gather relevant information relating to the disappearance, including the following information, if known:
1. The missing person's name, including alternative names used.
2. The missing person's date of birth.
3. Identifying marks, including birthmarks, moles, tattoos or scars.
4. Height and weight.
5. Gender.
6. Race.
7. Current hair color and true or natural hair color.
8. Eye color.
9. Prosthetics or surgical or cosmetic implants.
10. Physical anomalies.
11. Blood type.
12. Driver license number.
13. Social security number.
14. A photograph of the missing person. The agency shall attempt to ascertain the approximate date the photograph was taken.
15. A description of the clothing the missing person was believed to be wearing.
16. A description of items that might be with the missing person, including jewelry, accessories, shoes or boots.
17. Information on the missing person's electronic communication devices, including cell phone numbers or e-mail addresses.
18. The reasons why the reporting person believes that the person is missing.
19. The name and location of the missing person's school or employer.
20. The name and location of the missing person's dentist or primary care physician.
21. Any circumstance that may indicate that the disappearance was not voluntary.
22. Any circumstance that may indicate that the missing person may be at risk of injury or death.
23. A description of the possible means of transportation of the missing person, including make, model, color, license or vehicle identification number of the missing person's means of transportation.
24. Any identifying information about a known or possible abductor or other person who was last seen with the missing person, including:
(a) The person's name, physical description, date of birth and identifying marks.
(b) A description of the possible means of transportation, including make, model, color, license or vehicle identification number of the person's means of transportation.
(c) Known associates.
25. Date of last contact.
26. Any other information that might aid in locating the missing person.
41-5103. Notification of and information given to reporting person
A. A law enforcement agency shall notify the person making the report, a family member or other person in a position to assist the law enforcement agency in its efforts to locate the missing person:
1. About general information regarding the handling of a missing person case or the intended efforts in the reported case to the extent that the law enforcement agency determines that disclosure would not adversely affect its ability to locate or protect the missing person or to apprehend or prosecute any person who is criminally involved in the disappearance.
2. That the reporting person or other person should promptly contact the law enforcement agency if the missing person remains missing to provide additional information and materials that might aid in locating the missing person. The law enforcement agency also shall notify the reporting person of the specific information or materials needed, including a credit or debit card that the missing person has access to, other banking information and records of cell phone use.
3. That any deoxyribonucleic acid samples that are provided for the missing person case are provided on a voluntary basis, will be used solely to help locate or identify the missing person and will not be used for any other purpose.
B. The law enforcement agency may make available informational materials through publications or electronic or other media that advise the public about how the information or materials identified in this article are used to help locate or identify the missing person.
C. After accepting a missing person report, the law enforcement agency shall provide the reporting person with contact information for the national center for missing and exploited children if the missing person is under eighteen years of age and shall provide the reporting person with contact information for the association of missing and exploited children organizations if the missing person is eighteen years of age or older.
41-5104. Missing persons; receipt of additional information and materials
A. If the person who is identified in the missing person report remains missing more than thirty days and the following information and materials have not yet been obtained, the law enforcement agency shall attempt to obtain:
1. Deoxyribonucleic acid samples from family members or from the missing person, along with any needed documentation, including consent forms, that is required for use by local, state or federal deoxyribonucleic acid databases.
2. An authorization to release dental or skeletal x-rays of the missing person.
3. Any additional photographs of the missing person that may aid in the investigation or an identification. The law enforcement agency is not required to obtain written authorization before it publicly releases any photograph that would aid in the investigation or identification of the missing person.
4. Fingerprints, which shall be entered in the integrated automated fingerprint identification system.
5. Dental charting, which shall be entered in the national crime information center records with a notation that x-rays are available.
B. All deoxyribonucleic acid samples obtained in a missing person case shall be immediately forwarded to the department for analysis. The department shall establish procedures for determining how to prioritize analysis of the samples relating to missing person cases.
C. Information that is relevant to the federal bureau of investigation's violent criminal apprehension program shall be entered as soon as possible.
D. The local law enforcement agency shall make use of all available tools, resources and technologies, as applicable, to resolve a missing person case including:
1. Receiving assistance from:
(a) Other law enforcement agencies, whether at a local, state or federal level.
(b) Nonprofit search and rescue organizations, which may provide at no charge trained animal searches.
2. Using:
(a) Specialized equipment and man trackers.
(b) Services provided by the national center for missing and exploited children and other qualified organizations.
(c) Cell phone triangularization and tracking.
3. Subpoenaing:
(a) Cell phone, land line, e-mail and social networking website records.
(b) Technology experts to examine any available information obtained from a computer belonging to or used by the missing person.
E. The department shall forward the missing person's deoxyribonucleic acid sample to a nationally accredited laboratory whose mission is to provide identification and forensic analysis of human remains, establish a basis for future identification of persons reported missing and provide education national services to the medical and legal communities.
F. This section does not preclude a law enforcement agency from attempting to obtain the materials prescribed in this section before the expiration of the thirty-day period.
41-5105. High risk missing persons; presumption; notification; report; definition
A. An individual is presumed to be a high risk missing person if any of the following circumstances exists:
1. The person is missing as a result of a stranger abduction.
2. The person is missing under suspicious circumstances.
3. The person is missing under unknown circumstances.
4. The person is missing under known dangerous circumstances.
5. The person is missing more than thirty days.
6. The person has already been designated as a high risk missing person by another law enforcement agency.
7. There is evidence that the person is at risk because the missing person:
(a) Is in need of medical attention or prescription medication.
(b) Does not have a pattern of running away or disappearing.
(c) May have been abducted by a noncustodial parent.
(d) Is mentally impaired.
(e) Is a person who is under twenty-one years of age.
(f) Has been the subject of past threats or acts of violence.
8. Any other factor that, in the judgment of the law enforcement agency, may lead the agency to determine that the missing person may be at risk.
B. On the initial receipt of a missing person report, the law enforcement agency shall immediately determine whether the missing person is a high-risk missing person. If a law enforcement agency has previously determined that a missing person is not a high risk missing person but obtains new information after making that determination, the agency shall immediately determine whether the information indicates that the person missing is a high risk missing person. A law enforcement agency shall perform the risk assessments not more than two hours after the initial missing person report is filed or two hours after any new information is provided to the law enforcement agency. A law enforcement agency may establish written protocols for the handling of missing person cases.
C. If the law enforcement agency determines that the missing person is a high risk missing person, the agency shall notify the department and shall immediately provide to the department the information most likely to aid in the location and safe return of the high risk missing person. The agency shall provide as soon as possible all other information obtained relating to the high risk missing person case. The department shall immediately notify all law enforcement agencies in this state and surrounding regions of the information that will aid in the prompt location and safe return of the high risk missing person.
D. The local law enforcement agencies that receive notification from the department pursuant to subsection C of this section shall notify officers to be on the watch for the missing person or a suspected abductor.
E. The local law enforcement agency with primary jurisdiction shall immediately enter all collected information relating to the missing person case in available state and federal databases. If the local law enforcement agency with primary jurisdiction does not have the capability to enter this data directly in the state and federal databases, the department shall immediately enter all collected information relating to the missing person case in available state and federal databases. The information shall be provided pursuant to applicable guidelines relating to the databases. The local law enforcement agency with primary jurisdiction or the department shall:
1. Enter the report in a high risk missing person case and all relevant information provided into the national crime information center database within two hours after the determination that the missing person is a high risk missing person. All other missing person reports and all relevant information shall be entered into the national crime information center database within one day after the missing person report is received. supplemental information on high risk missing person cases shall be entered as soon as possible.
2. Upload all deoxyribonucleic acid profiles into the missing person databases of the state deoxyribonucleic acid index system and national deoxyribonucleic acid index system after completion of the deoxyribonucleic acid analysis and other procedures required for database entry.
3. Enter any information that is relevant to the federal bureau of investigation's violent criminal apprehension program as soon as possible.
4. If the missing person is eighteen, nineteen or twenty years of age at the time of the disappearance, comply with all federal laws, including contacting the national center for missing and exploited children and request that the case be entered into their database and that the missing person's photograph and information be displayed on their website.
F. The department shall ensure that a person who enters data relating to medical or dental records in a state or federal database is specifically trained to understand and correctly enter the information. The department shall either use persons with specific expertise in medical or dental records for this purpose or consult with the proper experts to ensure the accuracy and completeness of any information that is entered into the state and federal databases.
G. Pursuant to any applicable state criteria, local law enforcement agencies shall provide for the prompt use of an amber alert or public dissemination of photographs in appropriate high risk cases.
41-5106. Death scene investigations; handling
A. The department shall provide information to local law enforcement agencies about best practices for handling death scene investigations.
B. The department shall identify any publications or training opportunities that may be available to local law enforcement agencies or peace officers concerning the handling of death scene investigations.
C. After performing any death scene investigation deemed appropriate under the circumstances, the official with custody of the human remains shall ensure that the human remains are delivered to the county medical examiner.
41-5107. Discovery of human remains; notification
A. Any person with custody of human remains that are not identified within twenty-four hours after discovery shall promptly notify the department of the location of those remains.
B. If the person with custody of the remains cannot determine whether the remains found are human, the person shall notify the department of the existence of possible human remains.
41-5108. Unidentified human remains identification; responsibilities
A. If the official with custody of unidentified human remains is not a medical examiner, the official shall promptly transfer the unidentified human remains to the county medical examiner for identification.
B. Notwithstanding any other action deemed appropriate for the handling of human remains, the county medical examiner shall promptly identify the human remains by obtaining any of the following:
1. Photographs of the human remains before an autopsy.
2. Dental or skeletal x-rays.
3. Photographs of items found with the human remains.
4. Fingerprints from the human remains, if possible.
5. Samples of tissue that are suitable for deoxyribonucleic acid typing, if possible.
6. Samples of whole bone or hair that are suitable for deoxyribonucleic acid typing.
7. Any other information that may support identification efforts.
C. The county medical examiner or any other person shall not dispose of or engage in acts that will materially affect the unidentified human remains before the medical examiner obtains the following:
1. Samples that are suitable for deoxyribonucleic acid identification or archiving.
2. Photographs of the unidentified human remains.
3. Any other information that would assist in identifying the human remains.
D. A person shall not cremate unidentified human remains.
E. If the human remains have not been identified by other means within thirty days, the county medical examiner or the department shall make reasonable efforts to obtain prompt deoxyribonucleic acid analysis of biological samples.
F. The county medical examiner or the department shall seek support from appropriate state and federal agencies for human remains identification efforts, including available mitochondrial or nuclear deoxyribonucleic acid testing, federal grants for deoxyribonucleic acid testing or federal grants for crime laboratory or medical examiner office improvement.
G. The county medical examiner or the department shall promptly enter information in federal and state databases that can aid in the identification of human remains. The county medical examiner or the department shall enter:
1. Information into the national crime information center within ___ hours.
2. Deoxyribonucleic acid profiles and information into the national deoxyribonucleic acid index system within five business days after the completion of the deoxyribonucleic acid analysis and procedures necessary for the entry of the deoxyribonucleic acid profile.
3. Information that is relevant to the federal bureau of investigation's violent criminal apprehension program as soon as possible.
4. Information applicable to the national missing and unidentified persons system database shall be entered as soon as practicable.
5. Fingerprints and dental information shall be entered into the appropriate state and national databases as soon as practicable.
H. If county medical examiner office personnel do not input the data directly into the federal databases, the department shall consult with the county medical examiner to ensure appropriate training of the data entry personnel and the establishment of a quality assurance protocol for ensuring the ongoing quality of data entered in the federal and state databases.
I. This chapter does not preclude any county medical examiner, the department or a local law enforcement agency from pursuing other efforts to identify unidentified human remains, including efforts to publicize information, descriptions or photographs that may aid in the identification of the unidentified human remains, allowing family members to identify the missing person and seeking to protect the dignity of the missing person.
J. A law enforcement agency that is handling the remains of a person who was reported missing shall notify the law enforcement agency that is handling the missing person case. The law enforcement agencies shall make documented efforts to locate family members of the deceased person to inform them of the death and the location of the remains of their family member.