1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in kidnapping, further providing for
3missing children; providing for a clearinghouse for missing
4children; and imposing powers and duties on the Pennsylvania
5State Police, school districts and parents.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Chapter 29 of Title 18 of the Pennsylvania
9Consolidated Statutes is amended by adding a subchapter heading
10to read:

11CHAPTER 29

12KIDNAPPING

13SUBCHAPTER A

14KIDNAPPING AND RELATED OFFENSES

15Section 2.  Section 2908 of Title 18 is amended to read:

16§ 2908.  Missing children.

17(a)  Duties of law enforcement agencies.--Law enforcement
18agencies shall have the following duties with respect to missing
19children:

1(1)  To investigate a report of a missing child
2immediately upon receipt of the report regardless of the age
3of the missing child or the circumstances surrounding the
4disappearance of the child. A missing child shall include a 
5child who has been abducted by a parent, whether or not a 
6custody order has been issued by a court. In no case shall
7law enforcement agencies impose a mandatory waiting period
8prior to commencing the investigation of a missing child.

9(2)  When conducting a missing child investigation, to
10record all information relevant to the missing child and the
11circumstances surrounding the disappearance of the missing
12child on the appropriate law enforcement investigative
13report.

14(3)  To make an entry into the Missing Persons File
15through the Commonwealth Law Enforcement Assistance Network
16(CLEAN) in accord with Pennsylvania State Police policy and
17procedures immediately upon receipt of sufficient
18identification information on the missing child and, no later 
19than 60 days after the original entry of the record into the 
20CLEAN system, to verify and update such record with any 
21additional information, including, where available, medical 
22and dental records.

23(3.1)  To make an entry into the Unidentified Persons
24File through Commonwealth Law Enforcement Assistance Network
25(CLEAN) in accord with Pennsylvania State Police policy and
26procedures immediately upon:

27(i)  taking custody of an unidentified living child,
28such as an infant, or a physically or mentally disabled
29child; or

30(ii)  discovering an unidentified deceased child.

1(4)  To insure timely cancellation of any entry made
2pursuant to this section where the missing child has returned
3or is located.

4(a.1)  Unidentified [deceased] children.--Coroners shall 
5notify law enforcement agencies with respect to unidentified 
6deceased children. Law enforcement agencies [and coroners]
7shall, with respect to unidentified [deceased] children, living 
8or deceased, have the duty to make an entry into the
9Unidentified [Deceased] Person File through the Commonwealth Law
10Enforcement Assistance Network (CLEAN) in accordance with
11Pennsylvania State Police policy and procedures immediately upon
12observing or receiving any descriptive information on an
13unidentified [deceased] child.

14(b)  Definition.--As used in this section the term "child"
15means a person under 18 years of age.

16Section 3.  Chapter 29 of Title 18 is amended by adding a
17subchapter to read:

18SUBCHAPTER B

19INFORMATION ON MISSING CHILDREN

20Sec.

212951.  Definitions.

222952.  Missing Children Information Clearinghouse established.

232953.  Powers and duties of clearinghouse.

242954.  Duties of school districts.

252955.  File of child who is transferring.

262956.  Failure to comply with requirements of chapter.

27§ 2951.  Definitions.

28The following words and phrases when used in this subchapter
29shall have the meanings given to them in this section unless the
30context clearly indicates otherwise:

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

2"CLEAN."  Commonwealth Law Enforcement Assistance Network.

3"Clearinghouse."  The Missing Children Information 
4Clearinghouse established by this subchapter.

5"Law enforcement agency."  The Pennsylvania State Police or 
6local police department responsible for investigating missing 
7persons or children reports within the political subdivision 
8where the child was reported lost, abducted, missing or runaway.

9§ 2952.  Missing Children Information Clearinghouse established.

10There is established within the Pennsylvania State Police the
11Missing Children Information Clearinghouse.

12§ 2953.  Powers and duties of clearinghouse.

13The powers and duties of the clearinghouse shall include:

14(1)  Use of the CLEAN system for the development,
15collection and maintenance of a central uniform informational
16repository on children reported missing within this
17Commonwealth. The CLEAN system shall include, but not be
18limited to:

19(i)  Compilation of the relevant information
20regarding a missing child.

21(ii)  Correlation of material.

22(iii)  Making material available for investigative
23use, including availability to local law enforcement.

24(2)  The submission of all reports of missing children to
25the National Crime Information Center (NCIC).

26(3)  Cooperation with Federal, State and local agencies
27and other states in the dissemination of information
28regarding missing children, the investigation of missing
29children cases and other programs and activities. Information
30disseminated shall include, but not be limited to,

1photographs, descriptions, circumstances of disappearance and
2other information that may be of assistance in locating
3missing children.

4(4)  The development of special training courses for
5criminal justice professionals, medical professionals and
6other youth service professionals.

7(5)  The provision of advice to local law enforcement
8regarding response and investigation of reports of missing
9children.

10(6)  The compilation and maintence of statistics on the
11number of missing children and the submission of the
12compilation along with an annual report to the General
13Assembly.

14§ 2954.  Duties of school districts.

15(a)  General rule.--When a child is enrolled in a school for
16the first time, the school shall:

17(1)  Obtain information necessary for the identification
18of a child, including, but not limited to, the child's full
19name, date of birth and physical description. Within ten days
20of the child's enrollment, the child's parent or guardian
21shall produce a birth certificate or such other proof of
22identity of the child.

23(2)  Obtain information necessary for the identification
24of the child's parent or guardian. The information shall be
25documented and included in the child's enrollment file and
26shall include, but not be limited to, the parent or
27guardian's full name, date of birth, current address and a
28telephone number where the parent or guardian may be reached
29in the event of an emergency. The parent or guardian shall
30produce two forms of identification which shall be documented

1on enrollment forms by the school and maintained in the
2child's file.

3(b)  Confidentiality.--Any disclosure of information obtained
4by schools under this section shall comply with Federal law.

5§ 2955.  File of child who is transferring.

6(a)  General rule.--Within ten days of enrolling a child who
7is transferring from another school, the school shall request
8the child's file directly from the school from which the student
9is transferring. Within seven days of the request, the school
10from which the child is transferring shall provide the
11information regarding the child which is required under section
122954(a)(1) (relating to duties of school districts). The school
13from which the child is transferring shall mail a certified copy
14of the child's file to the school in which the child is
15enrolling.

16(b)  Exception.--If a school receives a request for a child's
17file and a notation has been placed on that child's file
18indicating the child is missing, the school shall immediately
19notify the appropriate law enforcement agency of the request
20and, once the law enforcement agency has been notified, shall
21then notify the school requesting the file that the file is not
22being forwarded because a notation on the file indicates the
23child is missing and is the subject of an ongoing law
24enforcement investigation.

25§ 2956.  Failure to comply with requirements of chapter.

26If a person enrolling a child in a school fails to comply
27with the requirements of this chapter, the school shall notify
28the parent or guardian enrolling the child that, unless the
29enrollment requirements are met within ten days, the case will
30be referred to the appropriate law enforcement agency for

1investigation.

2Section 4.  All acts and parts of acts are repealed insofar
3as they are inconsistent with this act.

4Section 5.  This act shall take effect as follows:

5(1)  The addition of 18 Pa.C.S. Ch. 29 Subch. B shall
6take effect in 60 days.

7(2)  The remainder of this act shall take effect
8immediately.