34 U.S.C. § 41308

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 41308 - State requirements for reporting missing children

Each State reporting under the provisions of this section and section 41307 of this title shall-

(1) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the observance of any waiting period before accepting a missing child or unidentified person report;

(2) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the removal of a missing person entry from its State law enforcement system, the National Crime Information Center computer database, or the NamUs databases based solely on the age of the person;

(3) provide that each such report and all necessary and available information, which, with respect to each missing child report, shall include-

(A) the name, date of birth, sex, race, height, weight, and eye and hair color of the child;

(B) a recent photograph of the child, if available;

(C) the date and location of the last known contact with the child; and

(D) the category under which the child is reported missing;

is entered within 2 hours of receipt into the State law enforcement system, the National Crime Information Center computer networks, and the NamUs databases and made available to the Missing Children Information Clearinghouse within the State or other agency designated within the State to receive such reports; and

(4) provide that after receiving reports as provided in paragraph (3), the law enforcement agency that entered the report into the National Crime Information Center or the NamUs databases shall-

(A) no later than 30 days after the original entry of the record into the State law enforcement system, National Crime Information Center computer networks, and the NamUs databases, verify and update such record with any additional information, including, where available, medical and dental records and a photograph taken during the previous 180 days;

(B) institute or assist with appropriate search and investigative procedures;

(C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution;

(D) maintain close liaison with State and local child welfare systems and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing children cases; and

(E) grant permission to the National Crime Information Center Terminal Contractor for the State to update the missing person record in the National Crime Information Center computer networks with additional information learned during the investigation relating to the missing person.

34 U.S.C. § 41308

Pub. L. 101-647, §3702, 104 Stat. 4967; Pub. L. 109-248, §154, 120 Stat. 611; Pub. L. 114-22, §116, 129 Stat. 244; Pub. L. 117-327, §2(c)(2), Dec. 27, 2022, 136 Stat. 4455.

EDITORIAL NOTES

CODIFICATIONSection was formerly classified to section 5780 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

AMENDMENTS2022-Par. (2). Pub. L. 117-327, §2(c)(2)(A), substituted ", the National Crime Information Center computer database, or the NamUs databases" for "or the National Crime Information Center computer database".Par. (3). Pub. L. 117-327, §2(c)(2)(B), substituted ", the National Crime Information Center computer networks, and the NamUs databases" for "and the National Crime Information Center computer networks" in concluding provisions. 2022-Par. (4). Pub. L. 117-327, §2(c)(2)(C)(i), inserted "or the NamUs databases" after "National Crime Information Center" in introductory provisions.Par. (4)(A). Pub. L. 117-327, §2(c)(2)(C) (ii), substituted ", National Crime Information Center computer networks, and the NamUs databases" for "and National Crime Information Center computer networks".2015-Par. (2). Pub. L. 114-22, §116(b)(1), struck out "and" at end.Par. (3)(B) to (D). Pub. L. 114-22, §116(b)(2), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.Par. (4). Pub. L. 114-22, §116(b)(3)(A), substituted "paragraph (3)" for "paragraph (2)" in introductory provisions.Par. (4)(A). Pub. L. 114-22, §116(b)(3)(B), substituted "30 days" for "60 days" and inserted "and a photograph taken during the previous 180 days" after "dental records".Par. (4)(B), (C). Pub. L. 114-22, §116(b)(3)(C), (E), struck out "and" at end of subpar. (B) and added subpar. (C). Former subpar. (C) redesignated (D).Par. (4)(D). Pub. L. 114-22, §116(b)(3)(F), inserted "State and local child welfare systems and" before "the National Center for Missing and Exploited Children" and substituted "; and" for period at end. Pub. L. 114-22, §116(b)(3)(D), redesignated subpar. (C) as (D).Par. (4)(E). Pub. L. 114-22, §116(b)(3)(G), added subpar. (E).2006- Pub. L. 109-248 added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and substituted "within 2 hours of receipt" for "immediately" in concluding provisions of par. (3).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117-327 applicable with respect to reports made before, on, or after Dec. 27, 2022, see section 40506(c)(3) of this title.