1.1.................... moves to amend H.F. No. 1242, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 299C.51, is amended to read:
1.4299C.51 CITATION.
1.5Sections 299C.51 to 299C.53 299C.565 may be cited as the "Minnesota Missing
1.6Children's Persons' Act."
1.7EFFECTIVE DATE.This section is effective July 1, 2009.

1.8    Sec. 2. Minnesota Statutes 2008, section 299C.52, is amended to read:
1.9299C.52 MINNESOTA MISSING CHILD CHILDREN AND ENDANGERED
1.10PERSONS PROGRAM.
1.11    Subdivision 1. Definitions. As used in sections 299C.52 to 299C.56 299C.565, the
1.12following terms have the meanings given them:
1.13(a) "Child" means any person under the age of 18 years or any person certified or
1.14known to be mentally incompetent.
1.15(b) "CJIS" means Minnesota criminal justice information system.
1.16(c) "Missing" means the status of a child person after a law enforcement agency that
1.17has received a report of a missing child person has conducted a preliminary investigation
1.18and determined that the child person cannot be located.
1.19(d) "NCIC" means National Crime Information Center.
1.20(e) "Endangered" means that a law enforcement official has received sufficient
1.21evidence that the child is with a missing person who presents a threat of immediate is at
1.22risk of physical injury to the child or physical or sexual abuse of the child. or death. The
1.23following circumstances indicate that a missing person is at risk of physical injury or death:
1.24(1) the person is missing as a result of a confirmed abduction or under circumstances
1.25that indicate that the person's disappearance was not voluntary;
2.1(2) the person is missing under known dangerous circumstances;
2.2(3) the person is missing more than 30 days;
2.3(4) the person is under the age of 21;
2.4(5) there is evidence the person is in need of medical attention or prescription
2.5medication such that it will have a serious adverse effect on the person's health if the
2.6person does not receive the needed care or medication;
2.7(6) the person does not have a pattern of running away or disappearing;
2.8(7) the person is mentally impaired;
2.9(8) there is evidence that the person may have been abducted by a noncustodial
2.10parent;
2.11(9) the person has been the subject of past threats or acts of violence;
2.12(10) there is evidence the person is lost in the wilderness, backcountry, or outdoors
2.13where survival is precarious and immediate and effective investigation and search and
2.14rescue efforts are critical; or
2.15(11) any other factor that the law enforcement agency deems to indicate that the
2.16person may be at risk of physical injury or death, including a determination by another law
2.17enforcement agency that the person is missing and endangered.
2.18(f) "DNA" means deoxyribonucleic acid from a human biological specimen.
2.19    Subd. 2. Establishment. The commissioner of public safety shall maintain a
2.20Minnesota missing child children and endangered persons program within the department
2.21to enable documented information about missing Minnesota children and endangered
2.22persons to be entered into the NCIC computer.
2.23    Subd. 3. Computer equipment and programs. (a) The commissioner shall
2.24provide the necessary computer hardware and computer programs to enter, modify, and
2.25cancel information on missing children and endangered persons in the NCIC computer
2.26through the CJIS. These programs must provide for search and retrieval of information
2.27using the following identifiers: physical description, name and date of birth, name and
2.28Social Security number, name and driver's license number, vehicle license number, and
2.29vehicle identification number.
2.30 (b) The commissioner shall also provide a system for regional, statewide, multistate,
2.31and nationwide broadcasts of information on missing children and endangered persons.
2.32These broadcasts shall be made by local law enforcement agencies where possible or, in
2.33the case of statewide or nationwide broadcasts, by the Bureau of Criminal Apprehension
2.34upon request of the local law enforcement agency.
2.35    Subd. 4. Authority to enter or retrieve information. Only law enforcement
2.36agencies may enter missing child children and endangered person information through the
3.1CJIS into the NCIC computer or retrieve information through the CJIS from the NCIC
3.2computer.
3.3    Subd. 5. Statistical data. The commissioner shall annually compile and make
3.4available statistical information on the number of missing children and endangered persons
3.5entered into the NCIC computer and, if available, information on the number located.
3.6    Subd. 6. Rules. The commissioner may adopt rules in conformance with sections
3.7299C.52 to 299C.56 299C.565 to provide for the orderly collection and entry of missing
3.8child children and endangered persons information and requests for retrieval of missing
3.9child children and endangered persons information.
3.10    Subd. 7. Cooperation with other agencies. The commissioner shall cooperate with
3.11other states and the NCIC in the exchange of information on missing persons.
3.12EFFECTIVE DATE.This section is effective July 1, 2009.

3.13    Sec. 3. Minnesota Statutes 2008, section 299C.53, is amended to read:
3.14299C.53 MISSING CHILD PERSONS REPORT; DUTIES OF
3.15COMMISSIONER AND LAW ENFORCEMENT AGENCIES.
3.16    Subdivision 1. Investigation and entry of information. (a) A law enforcement
3.17agency shall accept without delay any report of a missing person. The law enforcement
3.18agency shall not refuse to accept a missing person report on the basis that:
3.19(1) the missing person is an adult;
3.20(2) the circumstances do not indicate foul play;
3.21(3) the person has been missing for a short amount of time;
3.22(4) the person has been missing for a long amount of time;
3.23(5) there is no indication that the missing person was in the jurisdiction served by the
3.24law enforcement agency at the time of the disappearance;
3.25(6) the circumstances suggest that the disappearance may be voluntary;
3.26(7) the reporting person does not have personal knowledge of the facts;
3.27(8) the reporting person cannot provide all of the information requested by the
3.28law enforcement agency;
3.29(9) the reporting person lacks a familial or other relationship with the missing
3.30person; or
3.31(10) for any other reason, except in cases where the law enforcement agency has
3.32direct knowledge that the person is, in fact, not missing and the exact whereabouts and
3.33welfare of the person are known at the time the report is being made.
4.1A law enforcement agency shall accept missing person reports in person. An agency
4.2may also accept reports by telephone or other electronic means to the extent such reporting
4.3is consistent with the agency's policies or practices.
4.4(b) At the time a missing person report is filed, the law enforcement agency shall
4.5seek to ascertain and record the following information about the missing person:
4.6(1) the name of the missing person, including any aliases;
4.7(2) date of birth;
4.8(3) identifying marks, such as birthmarks, moles, tattoos, piercings, and scars;
4.9(4) height and weight;
4.10(5) gender;
4.11(6) race;
4.12(7) current hair color and true or natural hair color;
4.13(8) eye color;
4.14(9) prosthetics, surgical implants, or cosmetic implants;
4.15(10) physical anomalies;
4.16(11) blood type, if known;
4.17(12) any medications the missing person is taking or needs to take;
4.18(13) driver's license number, if known;
4.19(14) Social Security number, if known;
4.20(15) a recent photograph of the missing person, if available;
4.21(16) a description of the clothing the missing person was believed to be wearing at
4.22the time of disappearance;
4.23(17) a description of notable items that the missing person may be carrying or
4.24wearing;
4.25(18) the reasons why the reporting person believes that the person is missing;
4.26(19) the name and location of the missing person's school or employer, if known;
4.27(20) the name and location of the missing person's dentist and primary care
4.28physician, if known;
4.29(21) any circumstances that may indicate that the disappearance was not voluntary;
4.30(22) any circumstances that indicate that the missing person may be at risk of injury
4.31or death;
4.32(23) a description of the possible means of transportation of the missing person,
4.33such as the make, model, color, license, and vehicle identification number (VIN) of a
4.34motor vehicle;
4.35(24) any identifying information about a known or possible abductor or the person
4.36last seen with the missing person, including name; physical description; date of birth;
5.1identifying marks; description of possible means of transportation, such as the make,
5.2model, color, license, and vehicle identification number (VIN) of a motor vehicle; and
5.3known associates;
5.4(25) date of last contact; and
5.5(26) any other information that can aid in locating the missing person.
5.6(c) Upon receiving a report of a child person believed to be missing, a law
5.7enforcement agency shall conduct a preliminary investigation to determine whether the
5.8child person is missing, and if missing, whether the person is endangered. If the child
5.9person is initially determined to be missing and endangered, the agency shall immediately
5.10consult the Bureau of Criminal Apprehension during the preliminary investigation, in
5.11recognition of the fact that the first two hours are critical. If the child person is determined
5.12to be missing and endangered, the agency shall immediately enter identifying and
5.13descriptive information about the child person through the CJIS into the NCIC computer.
5.14Law enforcement agencies having direct access to the CJIS and the NCIC computer shall
5.15enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on
5.16behalf of law enforcement agencies which do not have direct access to the systems.
5.17    Subd. 2. Location of missing child person. Immediately after a missing child
5.18person is located, the law enforcement agency which located or returned the missing child
5.19person shall notify the law enforcement agency having jurisdiction over the investigation,
5.20and that agency shall cancel the entry from the NCIC computer.
5.21    Subd. 3. Missing and endangered children persons. If the Bureau of Criminal
5.22Apprehension receives a report from a law enforcement agency indicating that a child
5.23person is missing and endangered, the superintendent may assist the law enforcement
5.24agency in conducting the preliminary investigation, offer resources, and assist the agency
5.25in helping implement the investigation policy with particular attention to the need for
5.26immediate action. The law enforcement agency shall promptly notify all law enforcement
5.27agencies in the state and, if deemed appropriate, law enforcement agencies in adjacent
5.28states or jurisdictions of any information that may aid in the prompt location and safe
5.29return of a missing and endangered person.
5.30    Subd. 4. Federal requirements. In addition to the provisions of sections 299C.51
5.31to 299C.565, the law enforcement agency and the Bureau of Criminal Apprehension shall
5.32comply with requirements provided in federal law on reporting and investigating missing
5.33children cases. For purposes of this subdivision, the definition of "child," "children," or
5.34"minor" shall be determined in accordance with the applicable federal law.
5.35EFFECTIVE DATE.This section is effective July 1, 2009.

6.1    Sec. 4. [299C.535] INFORMATION PROVIDED TO FAMILY MEMBERS OR
6.2PERSON FILING REPORT.
6.3    Subdivision 1. Notification. The law enforcement agency shall provide the
6.4following information to the person making the report, a family member, or any other
6.5person in a position to assist the law enforcement agency in its efforts to locate the
6.6missing person:
6.7(1) general information about the handling of the missing person case or about
6.8intended efforts in the case to the extent that the law enforcement agency determines that
6.9disclosure would not adversely affect its ability to locate or protect the missing person, to
6.10apprehend or to prosecute any persons criminally involved in the disappearance;
6.11(2) contact information for the law enforcement agency in case the person is able to
6.12provide additional information and materials that will aid in locating the missing person,
6.13such as any credit or debit cards the missing person has access to, other banking or
6.14financial information, and any records of cell phone use;
6.15(3) in those cases where DNA samples are requested, a notification that all the
6.16DNA samples are provided on a voluntary basis and shall be used solely to help locate or
6.17identify the missing person and shall not be used for any other purpose;
6.18(4) information on how to report a missing person case to the NCIC; and
6.19(5) information on the two clearinghouses for missing persons information. If the
6.20person reported missing is age 17 or under, the law enforcement agency shall provide
6.21contact information for the National Center for Missing and Exploited Children. If the
6.22person reported missing is age 18 or older, the law enforcement agency shall provide
6.23contact information for the Minnesota State Clearinghouse for Missing Persons. If the
6.24person reported missing is age 18, 19, or 20, the law enforcement agency may contact
6.25the National Center for Missing and Exploited Children and report the missing person
6.26information.
6.27    Subd. 2. Request for additional information. (a) If the person identified in the
6.28missing person report remains missing for 30 days, and the additional information and
6.29materials specified below have not been received, the law enforcement agency shall
6.30attempt to obtain:
6.31(1) DNA samples from family members and, if possible, from the missing person
6.32along with any needed documentation, including consent forms, required for the use of
6.33state or federal DNA databases;
6.34(2) dental information and x-rays, and an authorization to release dental information
6.35or x-rays of the missing person;
7.1(3) any additional photographs of the missing person that may aid the investigation
7.2or an identification; and
7.3(4) fingerprints.
7.4(b) The law enforcement agency shall immediately determine whether any additional
7.5information received on the missing person indicates that the person is endangered.
7.6(c) Any additional information or materials received by the law enforcement agency
7.7shall be entered into the applicable state or federal database as soon as possible.
7.8(d) Nothing in this section shall be construed to preclude a law enforcement agency
7.9from obtaining any of the materials identified in this section before the 30th day following
7.10the filing of the missing person report.
7.11(e) The law enforcement agency shall not be required to obtain written authorization
7.12before it releases publicly any photograph that would aid in the investigation or
7.13identification of the missing person.
7.14EFFECTIVE DATE.This section is effective July 1, 2009.

7.15    Sec. 5. Minnesota Statutes 2008, section 299C.54, subdivision 1, is amended to read:
7.16    Subdivision 1. Distribution. The commissioner shall distribute a missing children
7.17persons bulletin on a quarterly basis to local law enforcement agencies, county attorneys,
7.18and, in the case of missing children, to public and nonpublic schools. The commissioner
7.19shall also make this information accessible to other parties involved in efforts to locate
7.20missing children and endangered persons and to other persons as the commissioner
7.21considers appropriate.
7.22EFFECTIVE DATE.This section is effective July 1, 2009.

7.23    Sec. 6. Minnesota Statutes 2008, section 299C.54, subdivision 2, is amended to read:
7.24    Subd. 2. Photograph. The commissioner shall provide appropriate local law
7.25enforcement agencies with a list of missing children, with an appropriate waiver form to
7.26assist the agency in obtaining a photograph of each missing child. Local agencies shall
7.27obtain the most recent photograph available for missing children and endangered persons
7.28and forward those photographs to the commissioner. The commissioner shall include
7.29these photographs, as they become available, in the quarterly bulletins.
7.30EFFECTIVE DATE.This section is effective July 1, 2009.

7.31    Sec. 7. Minnesota Statutes 2008, section 299C.54, subdivision 3, is amended to read:
7.32    Subd. 3. Included with mailing. State and local elected officials and agencies may
7.33enclose in their mailings information regarding missing children and endangered persons
8.1obtained from law enforcement agencies or from any organization that is recognized
8.2as a nonprofit, tax-exempt organization under state or federal law and has an ongoing
8.3missing children and endangered persons program. Elected officials and commissioners of
8.4state agencies are urged to develop policies to enclose missing children and endangered
8.5persons information in mailings when it will not increase postage costs and is otherwise
8.6considered appropriate.
8.7EFFECTIVE DATE.This section is effective July 1, 2009.

8.8    Sec. 8. Minnesota Statutes 2008, section 299C.54, subdivision 3a, is amended to read:
8.9    Subd. 3a. Collection of data. Identifying information on missing children and
8.10endangered persons entered into the NCIC computer regarding cases that are still active at
8.11the time the missing children persons bulletin is compiled each quarter may be included
8.12in the bulletin.
8.13EFFECTIVE DATE.This section is effective July 1, 2009.

8.14    Sec. 9. Minnesota Statutes 2008, section 299C.55, is amended to read:
8.15299C.55 TRAINING.
8.16The commissioner shall adopt standards for training appropriate personnel
8.17concerning the investigation of missing children persons cases.
8.18EFFECTIVE DATE.This section is effective July 1, 2009.

8.19    Sec. 10. Minnesota Statutes 2008, section 299C.56, is amended to read:
8.20299C.56 RELEASE OF MEDICAL DATA.
8.21    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
8.22have the meanings given.
8.23(b) "Health care facility" means the office of a dentist or physician, or another
8.24medical facility, that is in possession of identifying data.
8.25(c) "Identifying data" means dental or skeletal X-rays, or both, and related
8.26information, previously created in the course of providing dental or medical care to a
8.27child who has now been reported as missing or a person who has now been reported as
8.28missing and endangered.
8.29    Subd. 2. Written declaration. If a child is reported missing or a person is reported
8.30missing and endangered, a law enforcement agency may execute a written declaration,
8.31stating that an active investigation seeking the location of the missing child or endangered
8.32person is being conducted, and that the identifying data are necessary for the exclusive
9.1purpose of furthering the investigation. Notwithstanding chapter 13 or section 144.651,
9.2subdivision 16 , when a written declaration executed under this subdivision, signed by a
9.3peace officer, is presented to a health care facility, the facility shall provide access to the
9.4missing child's child or endangered person's identifying data to the law enforcement
9.5agency.
9.6EFFECTIVE DATE.This section is effective July 1, 2009.

9.7    Sec. 11. Minnesota Statutes 2008, section 299C.565, is amended to read:
9.8299C.565 MISSING PERSON REPORT.
9.9The local law enforcement agency having jurisdiction over the location where a
9.10person has been missing or was last seen has the responsibility to take a missing person
9.11report from an interested party. If this location cannot be clearly and easily established,
9.12the local law enforcement agency having jurisdiction over the last verified location
9.13where the missing person last resided has the responsibility to take the report. In the
9.14event any circumstances delay a determination of which law enforcement agency has the
9.15responsibility to take a missing person report from an interested party, the Bureau of
9.16Criminal Apprehension shall offer prompt guidance to the agencies involved.
9.17EFFECTIVE DATE.This section is effective July 1, 2009.

9.18    Sec. 12. Minnesota Statutes 2008, section 390.25, subdivision 2, is amended to read:
9.19    Subd. 2. Report to BCA. (a) After 60 30 days, the coroner or medical examiner
9.20shall provide to the Bureau of Criminal Apprehension missing persons clearinghouse
9.21information to be entered into federal and state databases that can aid in the identification,
9.22including the National Crime Information Center database. The coroner or medical
9.23examiner shall provide to the Bureau of Criminal Apprehension specimens suitable for
9.24DNA analysis. DNA profiles and information shall be entered by the Bureau of Criminal
9.25Apprehension into federal and state DNA databases within five business days after the
9.26completion of the DNA analysis and procedures necessary for the entry of the DNA profile.
9.27(b) If a deceased's remains are identified as a missing person, the Bureau of Criminal
9.28Apprehension shall attempt to locate family members of the deceased person and inform
9.29them of the death and location of the deceased person's remains. All efforts to locate
9.30and notify family members shall be recorded and retained by the Bureau of Criminal
9.31Apprehension.
9.32EFFECTIVE DATE.This section is effective July 1, 2009.

10.1    Sec. 13. Minnesota Statutes 2008, section 626.8454, is amended by adding a
10.2subdivision to read:
10.3    Subd. 4. Available resources. If an agency, board, or local representative reviews
10.4or updates its policies for missing children or persons investigations, it may consider
10.5the following resources:
10.6(1) nonprofit search and rescue organizations that provide trained animal searches,
10.7specialized equipment, and man trackers;
10.8(2) assistance from other law enforcement agencies at the local, state, or federal
10.9level, or qualified missing persons organizations;
10.10(3) use of subpoenas or search warrants for electronic and wireless communication
10.11devices, computers, and Web sites; and
10.12(4) assistance and services provided by the Civil Air Patrol.
10.13EFFECTIVE DATE.This section is effective July 1, 2009."