2792 AMH MOSB H4866.2
HB 2792 - H AMD 1233
By Representative Mosbrucker
ADOPTED 02/18/2020
Strike everything after the enacting clause and insert the following:
"NEW SECTION.  Sec. 1. The legislature finds that a recent search of available missing and unidentified persons data for Washington state returned one thousand nine hundred twenty-six pending missing persons cases and one hundred seventy-two records of full or partial unidentified remains throughout the state. Every one of these individuals is someone's family member or loved one.
The legislature further finds that more can be done to reduce the number of missing and unidentified Washingtonians through the utilization of national resources. The national missing and unidentified persons system is a publicly searchable resource developed by the national institute of justice that contains databases of missing persons and unidentified persons cases from across the country. Cases entered into these databases are verified with local authorities and are automatically searched against one another. The national missing and unidentified persons system also has the ability to compile potentially identifiable information and available biometric data, such as DNA, including family reference samples, dental records, and fingerprints. Participation in the national missing and unidentified persons system is free, and biometric sample kits are funded through the national missing and unidentified persons system, alleviating the burden on contributing local governments. At the close of 2019, the national missing and unidentified persons system databases included nearly seventeen thousand published outstanding missing persons cases, and over thirteen thousand published unidentified persons cases. In addition, over nineteen thousand missing persons cases and over four thousand unidentified persons cases that were included in the national missing and unidentified persons system have been resolved.
The legislature recognizes that participating in this centralized and nationally based system is to the advantage of the citizens of the state, and intends to establish a system of consistent statewide participation in order to achieve its full benefit.
Sec. 2. RCW 68.50.320 and 2007 c 10 s 5 are each amended to read as follows:
When a person reported missing has not been found within thirty days of the report, or at any time the investigating agency suspects criminal activity to be the basis of the victim being missing, the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority initiating and conducting the investigation for the missing person shall: (1) File a missing person's report with the Washington state patrol missing and unidentified persons unit; (2) initiate the collection of DNA samples from the known missing person and their family members for nuclear and mitochondrial DNA testing along with the necessary consent forms; ((and)) (3) ask the missing person's family or next of kin to give written consent to contact the dentist or dentists of the missing person and request the person's dental records; and (4) enter the case into the national crime information center system through the Washington state patrol electronic database.
The missing person's dentist or dentists shall provide diagnostic quality copies of the missing person's dental records or original dental records to the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority, when presented with the written consent from the missing person's family or next of kin or with a statement from the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority that the missing person's family or next of kin could not be located in the exercise of due diligence or that the missing person's family or next of kin refuse to consent to the release of the missing person's dental records and there is reason to believe that the missing person's family or next of kin may have been involved in the missing person's disappearance.
As soon as possible after collecting the DNA samples, the sheriff, chief of police, or other law enforcement authority shall submit the DNA samples to the appropriate laboratory. Dental records shall be submitted as soon as possible to the Washington state patrol missing and unidentified persons unit.
The descriptive information from missing person's reports and dental data submitted to the Washington state patrol missing and unidentified persons unit shall be recorded and maintained by the Washington state patrol missing and unidentified persons unit in the applicable dedicated missing person's databases.
When a person reported missing has been found, the sheriff, chief of police, coroner or medical examiner, or other law enforcement authority shall report such information to the Washington state patrol.
The dental identification system shall maintain a file of information regarding persons reported to it as missing. The file shall contain the information referred to in this section and such other information as the Washington state patrol finds relevant to assist in the location of a missing person.
The files of the dental identification system shall, upon request, be made available to law enforcement agencies attempting to locate missing persons.
Sec. 3. RCW 68.50.330 and 2001 c 172 s 1 are each amended to read as follows:
If the county coroner or county medical examiner investigating a death is unable to establish the identity of a body or human remains by visual means, fingerprints, or other identifying data, he or she shall have a qualified dentist, as determined by the county coroner or county medical examiner, carry out a dental examination of the body or human remains. If the county coroner or county medical examiner with the aid of the dental examination and other identifying findings is still unable to establish the identity of the body or human remains, he or she shall prepare and forward such dental examination records within thirty days of the date the body or human remains were found to the dental identification system of the state patrol identification and criminal history section on forms supplied by the state patrol for such purposes.
The dental identification system shall act as a repository or computer center or both with respect to such dental examination records. It shall compare such dental examination records with dental records filed with it and shall determine which scoring probabilities are the highest for the purposes of identification. It shall then submit such information to the county coroner or county medical examiner who prepared and forwarded the dental examination records.
If the body or human remains are still unidentified thirty days after discovery, the county coroner or county medical examiner investigating the death must, as soon as practicable, submit information regarding the body or remains to the national missing and unidentified persons system created by the United States department of justice's national institute of justice. Information submitted to the national missing and unidentified persons system must include, to the extent information is available, a detailed personal description, DNA information, copies of fingerprints on standardized eight inch by eight inch fingerprint cards or the equivalent digital image, forensic dental examination records, and other identifying data, including date and place of death. If the identity of the body or human remains is later established, the county coroner or county medical examiner must notify the national missing and unidentified persons system within forty-eight hours.
NEW SECTION.  Sec. 4. A new section is added to chapter 36.28A RCW to read as follows:
When funded, the Washington association of sheriffs and police chiefs must regularly transmit information contained within the statewide missing persons web site created pursuant to RCW 36.28A.110 to the national missing and unidentified persons system created by the United States department of justice's national institute of justice.
NEW SECTION.  Sec. 5. This act may be known and cited as Cody's law."
Correct the title.
EFFECT: Removes provisions of the bill that require investigating agencies to submit missing persons cases to the National Missing and Unidentified Persons System (NamUs) and to search the Jail Booking and Reporting System for missing persons. Adds a requirement that investigating agencies enter missing persons cases into the National Crime Information Center through the Washington state patrol electronic database when the missing person has not been found within 30 days of the report or at any time the agency suspects that criminal activity is involved. Provides that, when funded, the Washington Association of Sheriffs and Police Chiefs must regularly transmit information contained within the statewide missing and unidentified persons web site to NamUs.
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