HB 217 — Enact the Finding and Identifying with NamUs Data (FIND) Act

As ReportedPassed by the House Public Safety Committee 136th General Assembly Regular Session Sub.

Representatives Grim, Denson, Sigrist, Gross, Abdullahi, Miller, J., Brennan, Isaacsohn, Newman, Workman, White, E., Daniels, Odioso, Jarrells, Brewer, Synenberg, Rader, AbramsAbrams, Baker, Barhorst, Brent, Brownlee, Bryant Bailey, Dovilla, Fischer, Ghanbari, Glassburn, Hall, D., Hall, T., Hiner, Hoops, Humphrey, John, LaRe, Lett, Manning, Mathews, A., Miller, K., Miller, M., Mohamed, Peterson, Richardson, Robb Blasdel, Rogers, Russo, Salvo, Schmidt, Sims, Thomas, D., Tims, Troy, Upchurch, White, A., Williams To amend sections 2901.30, 2901.41, and 2901.42 and 1 to enact section 109.5731 of the Revised Code to 2 enact Andy Chapman's Act to require law 3 enforcement agencies to enter information 4 relating to a report of a missing person in the 5 national missing and unidentified persons system 6 (NamUs).

(A) As used in sections 2901.30 to 2901.32 15 ofSub. the Revised Code:

16 (1) "Information" means information that can be integrated 17 Sub.

217 Page 2 As ReportedPassed by the House Publicof Safety Committee into the computerRevised systemCode: and that relates to the physical or 18 mental description of a minor including, but not limited to, 19 height, weight, color of hair and eyes, use of eyeglasses or 20 contact lenses, skin coloring, physical or mental disabilities, 21 special medical conditions or needs, abnormalities, problems, 22 scars and marks, and distinguishing characteristics, and other 23 information that could assist in identifying a minor including, 24 but not limited to, full name and nickname, date and place of 25 birth, age, names and addresses of parents and other relatives, 26 fingerprints, dental records, photographs, social security 27 number, driver's license number, credit card numbers, bank 28 account numbers, and clothing.

16 (1) "Information" means information that can be integrated 17 into the computer system and that relates to the physical or 18 mental description of a minor including, but not limited to, 19 height, weight, color of hair and eyes, use of eyeglasses or 20 contact lenses, skin coloring, physical or mental disabilities, 21 special medical conditions or needs, abnormalities, problems, 22 scars and marks, and distinguishing characteristics, and other 23 information that could assist in identifying a minor including, 24 but not limited to, full name and nickname, date and place of 25 birth, age, names and addresses of parents and other relatives, 26 fingerprints, dental records, photographs, social security 27 number, driver's license number, credit card numbers, bank 28 account numbers, and clothing.

42 (4) "NamUs" means the national missing and unidentified 43 persons system created by the United States department of 44 justice.Sub.

45 (B)(5) "High-risk missing child" means a missing child who 46 Sub.

217 Page 3 As ReportedPassed by the House Publicjustice. Safety Committee meets any of the following criteria:

45 (B)(5) "High-risk missing child" means a missing child who 46 meets any of the following criteria:

69 (B)(1) When a law enforcement agency in this state that 70 has jurisdiction in the matter is informed that a minor is or 71 may be a missing child and that the person providing the 72 information wishes to file a missing child report, the law 73 Sub.

217 Page 4 As ReportedPassed by the House Publicmay Safetybe Committeea missing child and that the person providing the 72 information wishes to file a missing child report, the law 73 enforcement agency shall take that report.

96 (b) If a search reveals that a child reported missing is 97 in the custody of the child's legal guardian or if substantiated 98 allegations of child abuse against the child or any order 99 protecting a family member from domestic violence exists, the 100 law enforcement agency shall continue the criminal investigation 101 without disclosing the whereabouts of the child or the child's 102 guardianSub. to the person who reported the child missing, unless 103 the source of the report is a public children services agency.

104 Sub.

217 Page 5 As ReportedPassed by the House Publicguardian Safetyto Committee (c) If the initialperson determinationwho of a child reported 105the missing does not warrant designation of that child asmissing, aunless high-103 106 risk missing child, it shall not preclude a later determination, 107 based on further investigation or the discoverysource of additional 108 information that the missingreport child is a high-riskpublic missingchildren child.services agency.

104 (c) If the initial determination of a child reported 105 missing does not warrant designation of that child as a high- 106 risk missing child, it shall not preclude a later determination, 107 based on further investigation or the discovery of additional 108 information that the missing child is a high-risk missing child.

126 Whenever a law enforcement agency integrates information 127 about a missing child into the national crime information center 128 computer and NamUs, the law enforcement agency promptly shall 129 notify the missing child's parents, parent who is the 130 residential parent and legal custodian, guardian, or legal 131 custodian, or any other person responsible for the care of the 132 missingSub. child, that it has so integrated the information.

133 The parents, parent who is the residential parent and 134 Sub.

217 Page 6 As ReportedPassed by the House Public Safety Committee legal custodian, guardian, legal custodian, or other person 135 responsible for the care of the missing childchild, shallthat provideit 136has availableso informationintegrated upon request, and may provide information 137 voluntarily, to the lawinformation. enforcement agency during the 138 information gathering process.

133 The parents, parent who is the residential parent and 134 legal custodian, guardian, legal custodian, or other person 135 responsible for the care of the missing child shall provide 136 available information upon request, and may provide information 137 voluntarily, to the law enforcement agency during the 138 information gathering process.

The agency 159 may notify additional law enforcement agencies, or appropriate 160 public children services agencies, about the case, request their 161 assistance or cooperation in the case, and provide them with 162 relevantSub. information.

163 Upon request from a law enforcement agency, a public 164 Sub.

217 Page 7 As ReportedPassed by the House Public Safety Committee children services agency shall grant the law enforcement agency 165 access to all information concerning a missing child that the 166 agency possesses that may be relevant toinformation. the law enforcement 167 agency in investigating a missing child report concerning that 168 child.

163 Upon request from a law enforcement agency, a public 164 children services agency shall grant the law enforcement agency 165 access to all information concerning a missing child that the 166 agency possesses that may be relevant to the law enforcement 167 agency in investigating a missing child report concerning that 168 child.

of the Revised Code to the 193 sameSub. extent as if rendering services within the territory of 194 their employing political subdivision.

195 Sub.

217 Page 8 As ReportedPassed by the House Publicsame Safetyextent Committeeas Theif informationrendering inservices anywithin missing child report made to a law 196 enforcement agency shall be made available, upon request, to law 197 enforcement personnel of this state, other states, and the 198territory federal government when the law enforcement personnel indicate 199 that the request is to aid in identifying or locating a missing 200 child or the possible identification of a194 deceasedtheir minoremploying who,political 201subdivision. upon discovery, cannot be identified.

195 The information in any missing child report made to a law 196 enforcement agency shall be made available, upon request, to law 197 enforcement personnel of this state, other states, and the 198 federal government when the law enforcement personnel indicate 199 that the request is to aid in identifying or locating a missing 200 child or the possible identification of a deceased minor who, 201 upon discovery, cannot be identified.

This division does not prevent a law 219 enforcement agency from seeking consent to obtain copies of a 220 missing child's dental records, or prevent a missing child's 221 parents, parent who is the residential parent and legal 222 custodian, guardian, or legal custodian, or any other person 223 responsible for the care of the missing child, from granting 224 consentSub. for the release of copies of the missing child's dental 225 records to a law enforcement agency, at any time.

A law 226 Sub.

217 Page 9 As ReportedPassed by the House Publicconsent Safetyfor Committeethe enforcementrelease agency shall retain all reports of missingcopies children 227 in an electronic format prior to destruction of anythe papermissing 228child's reportsdental and,225 uponrecords conversion, shall promptly submit those 229 reports to thea bureaulaw ofenforcement criminalagency, identificationat andany 230time. investigation for purposes of section 109.5731 of the Revised 231 Code.

A law 226 enforcement agency shall retain all reports of missing children 227 in an electronic format prior to destruction of any paper 228 reports and, upon conversion, shall promptly submit those 229 reports to the bureau of criminal identification and 230 investigation for purposes of section 109.5731 of the Revised 231 Code.

(A) As used in this section and section 255 2901.42Sub. of the Revised Code, "missing :

256 Sub.

217 Page 10 As ReportedPassed by the House Public2901.42 Safety Committee (1) "Missing person" means an individual who is eighteen 257 years of agethe orRevised older,Code, whose"missing temporary: or permanent residence is 258 in Ohio, and who meets one of the following characteristics:

256 (1) "Missing person" means an individual who is eighteen 257 years of age or older, whose temporary or permanent residence is 258 in Ohio, and who meets one of the following characteristics:

282 (i) The missing individual is in need of medical attention 283 Sub.

217 Page 11 As ReportedPassed by the House Public(i) SafetyThe Committeemissing individual is in need of medical attention 283 or prescription medication, such that it will have a serious 284 adverse effect on the individual's health if the needed care or 285 medication is not received.

310 (1) Reasonable procedures to be followed by the law 311 enforcement agency when the agency is informed that a person is 312 Sub.

217 Page 12 As ReportedPassed by the House Publicenforcement Safetyagency Committeewhen the agency is informed that a person is 312 or may be a missing person;