September 7, 2016, Introduced by Rep. Glardon and referred to the Committee on Criminal Justice.
A bill to amend 1968 PA 319, entitled
"An act to provide a uniform crime reporting system; to provide for
the submitting of such report to the department of state police; to
require submission of the report by certain police agencies; to
require the reporting on wanted persons and stolen vehicles; to
require the reporting of information regarding certain persons and
unidentified bodies of deceased persons; to prescribe certain
powers and duties of law enforcement agencies; and to vest the
director of the department of state police with certain authority,"
by amending section 8 (MCL 28.258), as amended by 2006 PA 450.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8. (1) As used in this section and section 9:
(a)
"Child" means an individual less than 17 18 years
of age.
(b)
"Clearinghouse" means the missing child children
information clearinghouse established under section 9.
(c) "Criminal justice information policy council" means the
criminal justice information policy council created in section 2 of
the C.J.I.S. policy council act, 1974 PA 163, MCL 28.212.
(d) (c)
"Department" means the
department of state police.
(e) (d)
"Law enforcement agency"
means the department, ; a
police
agency of a city, village, or township,
; a sheriff's
department, ;
or any other governmental law
enforcement agency in
this state.
(f) (e)
"LEIN" means the law
enforcement information network
regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL
28.211 to 28.215.
(g) (f)
"Registrar" means the
state registrar as defined in
section 2805 of the public health code, 1978 PA 368, MCL 333.2805.
(2) If an individual who is any of the following is reported
missing, the law enforcement agency receiving the report, after
conducting a preliminary investigation, shall immediately enter the
information described in subsection (3) regarding that individual
into
the LEIN, the national crime information center, National
Crime Information Center, and if the individual is a child, the
clearinghouse:
(a) An individual who has a physical or mental disability as
evidenced by written documentation from a physician or other
authoritative source. As used in this act, "mental disability"
includes Alzheimer's disease and dementia.
(b) An individual who was in the company of another individual
under circumstances indicating that the individual's physical
safety may be in danger.
(c) An individual who disappeared under circumstances
indicating that the disappearance was not voluntary.
(d) A child not described in subdivision (a), (b), (c), or
(f).
(e) An individual not described in subdivision (a), (b), (c),
or (f), who is believed to be incapable of returning to his or her
residence without assistance.
(f) An individual who is missing as the result of a natural or
intentionally caused catastrophe or extraordinary accident that
causes the loss of human life.
(3)
The information to be entered into the LEIN, the national
crime
information center, National
Crime Information Center, and
the clearinghouse under subsection (2) shall include all of the
following, if available:
(a) The name and address of the individual.
(b) The vital statistics of the individual, including a
physical description, and if the missing individual is a child, the
child's date of birth, state of birth, and if possible, mother's
maiden name.
(c) The date the individual was missing and, if the missing
individual is a child under subsection (2)(d), the date the child
becomes
17 18 years of age.
(d)
Any other information that may assist in the location of
locating the individual, as determined by the department and the
LEIN
policy council.criminal
justice information policy council.
(4) If subsections (2) and (3) have been complied with and the
individual is not found within 30 days, the law enforcement agency
that received the report under subsection (2) shall seek the dental
records of the individual under section 2844a of the public health
code, 1978 PA 368, MCL 333.2844a. The information from the dental
records
shall be entered into the national crime information center
National Crime Information Center and, if the individual is a
child, the clearinghouse by the law enforcement agency.
(5) The LEIN shall retain the information under subsection (3)
reported to it until the law enforcement agency that entered the
information cancels the information.
(6) The law enforcement agency receiving a report of a missing
individual described in subsection (2) may, or if the individual is
a child and subject to the policy established by the clearinghouse,
or if the individual has Alzheimer's disease or dementia or is
believed to be incapable of returning to his or her residence
without assistance, shall, broadcast the information described in
subsection (3) over the LEIN to all of the following:
(a) All law enforcement agencies having jurisdiction of the
location where the missing individual lives or was last seen.
(b) Any other law enforcement agency that potentially could
become involved in locating the missing individual.
(c) All law enforcement agencies to which the individual who
reported the individual missing requests the information be sent,
if the request is reasonable.
(7) If 14 days have elapsed since the law enforcement agency
has received a report that a child who was born in this state is
missing, and the agency has not been notified of the child's
return, the LEIN shall forward on-line the information described in
subsection (3) to the registrar via the registrar's restricted
access LEIN terminal.
(8) If 14 days have elapsed since the law enforcement agency
has received a report of a missing child and the agency has not
been notified of the child's return, the agency, if it has reason
to believe that a missing child may be enrolled in a school
district in this state, shall notify in writing the child's last
known local school district or intermediate school district that
the child is missing and shall provide the school district with the
information described in subsection (3).
(9) A parent or legal guardian of a child missing before June
29,
1987 , may
notify a law enforcement agency that he or she wants
the
registrar and school district to
be notified pursuant to under
subsections (7) and (8). Upon receiving the request, the law
enforcement agency shall proceed as provided in subsections (7) and
(8).
(10)
On the seventeenth eighteenth
birthday of a child who has
been
reported missing pursuant to under
subsection (2)(d), any
information entered into the LEIN regarding that child shall be
retained and the child shall be considered to be an emancipated
missing child until the information is canceled by the law
enforcement
agency that entered the information into the network.
LEIN. If the information entered into the LEIN regarding a child
missing as prescribed by subsection (2) is canceled, the law
enforcement
agency that entered the information into the network
LEIN shall inform the registrar and school district notified as
prescribed by subsection (7) of the cancellation.
(11) A law enforcement agency shall not establish or maintain
a policy that prevents an immediate investigation as soon as
practical regarding an individual described in subsection (2) who
is reported missing.
(12) When the unidentified body of a deceased individual is
found, the law enforcement agency receiving the report, after
conducting a preliminary investigation, shall immediately enter the
following
information, if available, into the national crime
information
center National Crime
Information Center and, if the
body is that of a child, into the clearinghouse:
(a) The physical description of the unidentified body and
whether footprints, body X-rays, and fingerprint classifications
are available.
(b) The date the body was found and the cause and manner of
death.
(c) What body parts are found if the body is dismembered.
(d) Dental examination records obtained under section 2844a of
the public health code, 1978 PA 368, MCL 333.2844a.
(e) Any other information that would assist in the
identification of the body, as determined by the department and the
LEIN
policy council.criminal
justice information policy council.
(13) When an individual is found whose identity is unknown and
cannot be readily determined, the law enforcement agency receiving
the report, after conducting a preliminary investigation, shall
enter
the following information into the national crime information
center
National Crime Information
Center and, if the individual is
a child, into the clearinghouse:
(a) A physical description of the individual.
(b) Any other information that would assist in the
identification of the individual, as determined by the department
and
the LEIN policy council.criminal
justice information policy
council.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.