THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, KASUNIC, TARTAGLIONE, HUGHES, ALLOWAY, MUSTO, PILEGGI, O'PAKE, ERICKSON, BROWNE, COSTA, ORIE, WOZNIAK, RAFFERTY, STACK AND BOSCOLA, FEBRUARY 2, 2009

REFERRED TO AGING AND YOUTH, FEBRUARY 2, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in kidnapping, further providing for

missing children; providing for a clearinghouse for missing

children; and imposing powers and duties on the Pennsylvania

State Police, school districts and parents.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 29 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter heading

to read:

CHAPTER 29

KIDNAPPING

SUBCHAPTER A

KIDNAPPING AND RELATED OFFENSES

* * *

Section 2.  Section 2908 of Title 18 is amended to read:

§ 2908.  Missing children.

(a)  Duties of law enforcement agencies.--Law enforcement

agencies shall have the following duties with respect to missing

children:

(1)  To investigate a report of a missing child

immediately upon receipt of the report regardless of the age

of the missing child or the circumstances surrounding the

disappearance of the child. A missing child shall include a

child who has been abducted by a parent, whether or not a

custody order has been issued by a court. In no case shall

law enforcement agencies impose a mandatory waiting period

prior to commencing the investigation of a missing child.

(2)  When conducting a missing child investigation, to

record all information relevant to the missing child and the

circumstances surrounding the disappearance of the missing

child on the appropriate law enforcement investigative

report.

(3)  To make an entry into the Missing Persons File

through the Commonwealth Law Enforcement Assistance Network

(CLEAN) in accord with Pennsylvania State Police policy and

procedures immediately upon receipt of sufficient

identification information on the missing child and, no later

than 60 days after the original entry of the record into the

CLEAN system, to verify and update such record with any

additional information, including, where available, medical

and dental records.

(3.1)  To make an entry into the Unidentified Persons

File through Commonwealth Law Enforcement Assistance Network

(CLEAN) in accord with Pennsylvania State Police policy and

procedures immediately upon:

(i)  taking custody of an unidentified living child,

such as an infant, or a physically or mentally disabled

child; or

(ii)  discovering an unidentified deceased child.

(4)  To insure timely cancellation of any entry made

pursuant to this section where the missing child has returned

or is located.

(a.1)  Unidentified [deceased] children.--Coroners shall

notify law enforcement agencies with respect to unidentified

deceased children. Law enforcement agencies [and coroners]

shall, with respect to unidentified [deceased] children, living

or deceased, have the duty to make an entry into the

Unidentified [Deceased] Person File through the Commonwealth Law

Enforcement Assistance Network (CLEAN) in accordance with

Pennsylvania State Police policy and procedures immediately upon

observing or receiving any descriptive information on an

unidentified [deceased] child.

(b)  Definition.--As used in this section the term "child"

means a person under 18 years of age.

Section 3.  Chapter 29 of Title 18 is amended by adding a

subchapter to read:

SUBCHAPTER B

INFORMATION ON MISSING CHILDREN

Sec.

2951.  Definitions.

2952.  Missing Children Information Clearinghouse established.

2953.  Powers and duties of clearinghouse.

2954.  Duties of school districts.

2955.  File of child who is transferring.

2956.  Failure to comply with requirements of chapter.

§ 2951.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Child."  A person under 18 years of age.

"CLEAN."  Commonwealth Law Enforcement Assistance Network.

"Clearinghouse."  The Missing Children Information

Clearinghouse.

"Law enforcement agency."  The Pennsylvania State Police or

local police department responsible for investigating missing

persons or children reports within the political subdivision

where the child was reported lost, abducted, missing or runaway.

§ 2952.  Missing Children Information Clearinghouse established.

There is hereby established within the Pennsylvania State

Police the Missing Children Information Clearinghouse.

§ 2953.  Powers and duties of clearinghouse.

The powers and duties of the clearinghouse shall include:

(1)  Use of the CLEAN system for the development,

collection and maintenance of a central uniform informational

repository on children reported missing within this

Commonwealth. The CLEAN system shall include, but not be

limited to:

(i)  Compilation of the relevant information

regarding a missing child.

(ii)  Correlation of material.

(iii)  Making material available for investigative

use, including availability to local law enforcement.

(2)  The submission of all reports of missing children to

the National Crime Information Center (NCIC).

(3)  Cooperation with Federal, State and local agencies

and other states in the dissemination of information

regarding missing children, the investigation of missing

children cases and other programs and activities. Information

disseminated shall include, but not be limited to,

photographs, descriptions, circumstances of disappearance and

other information that may be of assistance in locating

missing children.

(4)  The development of special training courses for

criminal justice professionals, medical professionals and

other youth service professionals.

(5)  Advise local law enforcement regarding response and

investigation of reports of missing children.

(6)  Compile and maintain statistics on the number of

missing children and submission of the compilation along with

an annual report to the General Assembly.

§ 2954.  Duties of school districts.

(a)  General rule.--When a child is enrolled in a school for

the first time, the school shall:

(1)  Obtain information necessary for the identification

of a child, including, but not limited to, the child's full

name, date of birth and physical description. Within ten days

of the child's enrollment, the child's parent or guardian

shall produce a birth certificate or such other proof of

identity of the child.

(2)  Obtain information necessary for the identification

of the child's parent or guardian. The information shall be

documented and included in the child's enrollment file and

shall include, but not be limited to, the parent or

guardian's full name, date of birth, current address and a

telephone number where the parent or guardian may be reached

in the event of an emergency. The parent or guardian shall

produce two forms of identification which shall be documented

on enrollment forms by the school and maintained in the

child's file.

(b)  Confidentiality.--Any disclosure of information obtained

by schools under this section shall comply with Federal law.

§ 2955.  File of child who is transferring.

(a)  General rule.--Within ten days of enrolling a child who

is transferring from another school, the school shall request

the child's file directly from the school from which the student

is transferring. Within seven days of the request, the school

from which the child is transferring shall provide the

information regarding the child which is required under section

2954(a)(1) (relating to duties of school districts). The school

from which the child is transferring shall mail a certified copy

of the child's file to the school in which the child is

enrolling.

(b)  Exception.--If a school receives a request for a child's

file and a notation has been placed on that child's file

indicating the child is missing, the school shall immediately

notify the appropriate law enforcement agency of the request

and, once the law enforcement agency has been notified, shall

then notify the school requesting the file that the file is not

being forwarded because a notation on the file indicates the

child is missing and is the subject of an ongoing law

enforcement investigation.

§ 2956.  Failure to comply with requirements of chapter.

If a person enrolling a child in a school fails to comply

with the requirements of this chapter, the school shall notify

the parent or guardian enrolling the child that, unless the

enrollment requirements are met within ten days, the case will

be referred to the appropriate law enforcement agency for

investigation.

Section 4.  All acts and parts of acts are repealed insofar

as they are inconsistent with this act.

Section 5.  This act shall take effect as follows:

(1)  The addition of 18 Pa.C.S. Ch. 29 Subch. B shall

take effect in 60 days.

(2)  The remainder of this act shall take effect

immediately.