AN ACT CONCERNING LAW ENFORCEMENT AND MISSING PERSONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2007) For the purposes of sections 2 to 8, inclusive, of this act, "law enforcement agency" means the Division of State Police within the Department of Public Safety or any municipal police department.

Sec. 2. (NEW) (Effective October 1, 2007) (a) A law enforcement agency shall accept without delay any report of a missing person.

(b) No law enforcement agency may refuse to accept a missing person report on the basis that:

(1) The missing person is an adult;

(2) The circumstances do not indicate foul play;

(3) The missing person has been missing for a short period of time;

(4) The missing person has been missing for a long period of time;

(5) There is no indication that the missing person was in the jurisdiction served by the law enforcement agency at the time of the disappearance;

(6) The circumstances suggest that the disappearance may be voluntary;

(7) The person reporting does not have personal knowledge of the facts;

(8) The person reporting cannot provide all of the information requested by the law enforcement agency; or

(9) The person reporting lacks a familial or other relationship with the missing person.

(c) No law enforcement agency may refuse to accept a missing person report for any reason except where the law enforcement agency has direct knowledge that the person is, in fact, not missing and the exact whereabouts and welfare of the person are known to the agency at the time the report is being made.

Sec. 3. (NEW) (Effective October 1, 2007) At the time a missing person report is filed, the law enforcement agency shall seek to ascertain and record as much of the following information about the missing person as is available:

(1) Name, including any alias;

(2) Date of birth;

(3) Identifying marks, including, but not limited to, birthmarks, moles, tattoos and scars;

(4) Height and weight;

(5) Gender;

(6) Race;

(7) Current hair color and true or natural hair color;

(8) Eye color;

(9) Prosthetics, surgical implants or cosmetic implants;

(10) Physical anomalies;

(11) Blood type;

(12) Any medications the missing person is taking or needs to take;

(13) Driver's license number;

(14) Social security number;

(15) A recent photograph of the missing person;

(16) A description of the clothing the missing person was believed to be wearing at the time of disappearance;

(17) A description of notable items that the missing person may be carrying and wearing;

(18) Information on the missing person's electronic communications devices, such as a cellular telephone number or electronic mail address;

(19) The reasons why the reporting person believes that the person is missing;

(20) Name and location of the missing person's school or employer;

(21) Name and location of the missing person's dentist and primary care physician;

(22) Any circumstances that may indicate that the disappearance was not voluntary;

(23) Any circumstances that indicate that the missing person may be at risk of injury or death;

(24) A description of the possible means of transportation of the missing person, such as the make, model, color, license plate number and vehicle identification number of a motor vehicle;

(25) Any identifying information about a known or possible abductor or the person last seen with the missing person including: (A) Name; (B) physical description; (C) date of birth; (D) identifying marks; (E) the description of the possible means of transportation, such as the make, model, color, license plate number and vehicle identification number of a motor vehicle; and (F) known associates;

(26) Date of last contact; and

(27) Any other information that may aid in locating the missing person.

Sec. 4. (NEW) (Effective October 1, 2007) (a) The law enforcement agency shall notify the person making the report, a family member or any other person in a position to assist the law enforcement agency in its efforts to locate the missing person by providing to that person or family member:

(1) General information about the handling of the missing person case or about intended efforts in the 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 criminally involved in the disappearance; and

(2) Information advising the person making the report and other involved persons that if the missing person remains missing, they should contact the law enforcement agency to provide additional information and materials that will aid in locating the missing person, including, but not limited to, any credit or debit cards the missing person has access to, other banking or financial information and any records of cellular telephone use.

(b) In those cases where DNA samples are requested, the law enforcement agency shall notify the person or family member that all such DNA samples are provided on a voluntary basis and shall be used solely to help locate or identify the missing person and shall not be used for any other purpose.

(c) The law enforcement agency, upon acceptance of a missing person report, shall inform the person filing the report that there are two clearinghouses for missing persons' information. If the person reported missing is seventeen years of age or under, the person filing the report shall be provided with contact information for the National Center for Missing and Exploited Children. If the person reported missing is eighteen years of age or older, the person filing the report shall be provided with contact information for the National Center for Missing Adults.

(d) If the person identified in the missing person report remains missing for thirty days, and the additional information and materials specified in subdivisions (1) to (4), inclusive, of this subsection have not been received, the law enforcement agency shall attempt to obtain:

(1) DNA samples from family members and, if possible, from the missing person, along with any needed documentation, including any consent forms required for the use of state or federal DNA databases;

(2) Dental information and x-rays, and an authorization to release dental or skeletal x-rays of the missing person;

(3) Any additional photographs of the missing person that may aid the investigation or an identification; and

(4) Fingerprints.

(e) The law enforcement agency shall not be required to obtain written authorization before it releases publicly any photograph that may aid in the investigation or identification of the missing person.

(f) All DNA samples obtained in a missing person case shall be immediately forwarded to the Division of Scientific Services within the Department of Public Safety for analysis. The division shall establish written procedures for determining how to prioritize analysis of the samples relating to missing persons cases.

(g) Information relevant to the Federal Bureau of Investigation's Violent Criminal Apprehension Program shall be entered as soon as possible.

(h) Nothing is this section shall be construed to preclude a law enforcement agency from obtaining any of the materials identified in subsection (d) of this section before the thirtieth day following the filing of the missing person report.

Sec. 5. (NEW) (Effective October 1, 2007) (a) For the purposes of this section and sections 6 to 8, inclusive, of this act, "high risk missing person" means a person whose whereabouts are not currently known and the circumstances indicate that the person may be at risk of injury or death.

(b) The circumstances that indicate that a person is a high risk missing person include, but are not limited to, any of the following:

(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:

(A) The person is in need of medical attention, or prescription medication;

(B) The person does not have a pattern of running away or disappearing;

(C) The person may have been abducted by a noncustodial parent;

(D) The person is mentally impaired;

(E) The person is under twenty-one years of age; or

(F) The person has been the subject of past threats or acts of violence; and

(8) Any other factor that may, in the judgment of the chief of the law enforcement agency receiving the missing person report, indicate that the person may be at risk.

Sec. 6. (NEW) (Effective October 1, 2007) (a) Upon the initial receipt of a missing person report, a law enforcement agency shall seek to determine whether the person reported missing is a high risk missing person.

(b) A finding that a person reported missing is not a high risk missing person shall not preclude a later determination, based on further investigation or the discovery of additional information, that the missing person is a high risk missing person.

Sec. 7. (NEW) (Effective October 1, 2007) (a) Whenever a law enforcement agency determines that a missing person is a high risk missing person, it shall notify the unit of the Division of State Police within the Department of Public Safety that investigates missing persons. The law enforcement agency shall immediately provide the unit with the information that is most likely to aid in the location and safe return of the high risk missing person. As soon as practicable, the law enforcement agency shall provide all other information obtained relating to the missing person case to the unit.

(b) The unit of the Division of State Police within the Department of Public Safety that investigates missing persons shall promptly notify all law enforcement agencies within the state and, if deemed appropriate, law enforcement agencies in adjacent states or jurisdictions of the information that may aid in the prompt location and safe return of the high risk missing person.

(c) Local law enforcement agencies that receive notification from the unit of the Division of State Police within the Department of Public Safety that investigates missing persons pursuant to subsection (b) of this section shall forward that information immediately to any of its sworn members.

Sec. 8. (NEW) (Effective October 1, 2007) (a) The unit of the Division of State Police within the Department of Public Safety that investigates missing persons shall, as appropriate, enter all collected information relating to the missing person case to applicable federal databases. The information shall be provided in accordance with applicable guidelines relating to the databases, as follows:

(1) A missing person report, and relevant information, in a high risk missing person case shall be entered in the National Crime Information Center database immediately, but not later than two hours after the determination that the missing person is a high risk missing person.

(2) A missing person report, and relevant information, in a case not involving a high risk missing person shall be entered in the National Crime Information Center database not later than twenty-four hours after the initial filing of the missing person report.

(3) All DNA profiles shall be uploaded into the missing persons database of the Division of Scientific Services of the Department of Public Safety and all appropriate and suitable federal database systems.

(4) Information relevant to the Federal Bureau of Investigation's Violent Criminal Apprehension Program shall be entered as soon as practicable.

(b) All due care shall be given to ensure that the data, particularly medical and dental records, entered in state and federal databases is accurate and, to the greatest extent possible, complete.

(c) The Division of State Police within the Department of Public Safety shall, when deemed appropriate and likely to facilitate a resolution to a particular missing person report, activate the emergency alert system that broadcasts or disseminates information concerning the abduction of a child.

Sec. 9. (NEW) (Effective October 1, 2007) (a) The Police Officer Standards and Training Council shall provide information to local law enforcement agencies about best practices and protocols for handling death scene investigations.

(b) The Police Officer Standards and Training Council shall identify any publications or training opportunities that may be available to local law enforcement officers concerning the handling of death scene investigations.

Sec. 10. (NEW) (Effective October 1, 2007) (a) After performing any death scene investigation, as deemed appropriate under the circumstances, the official with custody of the human remains shall ensure that the human remains are delivered to the Office of the Chief Medical Examiner.

(b) The Chief Medical Examiner shall make reasonable attempts to promptly identify human remains. These actions may include, but are not limited to, obtaining:

(1) Photographs of the human remains;

(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 suitable for DNA typing, if possible;

(6) Samples of whole bone or hair suitable for DNA typing; and

(7) Any other information that may support identification efforts.

(c) No person shall dispose of or engage in actions that will materially affect the unidentified human remains before the Chief Medical Examiner obtains (1) samples suitable for DNA identification, and (2) photographs of the unidentified human remains, and all other appropriate steps for identification have been exhausted.

(d) Unidentified human remains shall not be cremated.

(e) The Chief Medical Examiner shall make reasonable efforts to obtain prompt DNA analysis of biological samples if the human remains have not been identified by other means not later than thirty days after the discovery of such remains.

(f) The Chief Medical Examiner shall seek support from appropriate state and federal agencies to assist in the identification of unidentified human remains. Such assistance may include, but not be limited to, available mitochondrial or nuclear DNA testing, federal grants for DNA testing or federal grants for crime laboratory or medical examiner office improvement.

(g) The Chief Medical Examiner shall promptly enter information in state and federal databases that may aid in the identification of a missing person. Information shall be entered into federal databases as follows:

(1) Information for the National Crime Information Center shall be entered within twenty-four hours;

(2) DNA profiles and information shall be entered into the National DNA Index System (NDIS) not later than five business days after the completion of the DNA analysis and procedures necessary for the entry of the DNA profile; and

(3) Information sought by the Violent Criminal Apprehension Program database shall be entered as soon as practicable.

(h) Nothing in this section shall be construed to preclude the Office of the Chief Medical Examiner or a law enforcement agency from taking other actions to facilitate the identification of unidentified human remains including, but not limited to, efforts to publicize information, descriptions or photographs that may aid in the identification of the unidentified human remains, including allowing family members to identify a missing person, provided, in taking these actions, all due consideration shall be given to protect the dignity and well-being of the missing person and the family of the missing person.

(i) Agencies handling the remains of a missing person shall notify the law enforcement agency handling the missing person's case. Documented efforts must be made to locate family members of the deceased person to inform them of the death and location of the remains of their family member.

Sec. 11. Section 53a-116 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) A person is guilty of criminal mischief in the second degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding two hundred fifty dollars; or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with tangible property of a public utility or mode of public transportation, power or communication, and thereby causes a risk of interruption or impairment of service rendered to the public; [or] (3) with intent to cause damage to tangible property owned by the state or a municipality that is located on public land and having no reasonable ground to believe that such person has a right to do so, such person damages such tangible property in an amount exceeding two hundred fifty dollars; or (4) with intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person removes or defaces an official missing person or wanted person poster.

(b) Criminal mischief in the second degree is a class A misdemeanor.

Sec. 12. (NEW) (Effective October 1, 2007) The Commissioner of Public Safety shall arrange for the collection and distribution of information on the best available procedures for handling death scene investigations and missing persons investigations and shall furnish such information to the chief elected local official of each municipality.

Sec. 13. Sections 29-1e and 29-1f of the general statutes are repealed. (Effective October 1, 2007)

Statement of Purpose:

To adopt a model missing persons act and thereby improve the ability of law enforcement agencies to locate and return missing persons, improve the identification of human remains and improve timely information and notification to the family members of missing persons.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

H.B. 5273