BILL REQ. #:  S-1049.1 

READ FIRST TIME 01/23/07.   

     AN ACT Relating to missing persons; amending RCW 43.103.110, 36.28A.110, 36.28A.120, and 43.43.751; reenacting and amending RCW 68.50.320; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   It is the intent of this act to build upon the research and findings of the Washington state missing persons task force, assembled by the state attorney general in 2003, the United States department of justice, and the initiative taken in chapter 102, Laws of 2006, by the legislature to aid in recovery of missing persons and the identification of human remains.

Sec. 2   RCW 43.103.110 and 2006 c 102 s 3 are each amended to read as follows:
     The Washington state forensic investigations council, in cooperation with the Washington association of coroners and medical examiners and other interested agencies, shall develop training modules that are essential to the effective implementation and use of missing persons protocols using funds provided in RCW 43.79.445. ((The training modules must provide training through classes and media that will train and educate small departments or those at remote locations with the least disruption.)) The training commission shall make the training modules available to small departments or those at remote locations with the least disruption. The modules ((will)) shall include, but ((will)) not be limited to: The reporting process, the use of forms and protocols, the effective use of resources, the collection and importance of evidence and preservation of biological evidence, and risk assessment of the individuals reported missing.

Sec. 3   RCW 36.28A.110 and 2006 c 102 s 4 are each amended to read as follows:
     The Washington association of sheriffs and police chiefs shall create and maintain a statewide web site, which shall be available to the public. The web site shall post relevant information concerning persons reported missing in the state of Washington. For missing persons, the web site shall contain, but is not limited to: The person's name, physical description, photograph, and other information that is deemed necessary according to the adopted protocols. This web site shall allow citizens to more broadly disseminate information regarding missing persons for at least thirty days. ((Due to the large number of reports received on persons who are overdue and subsequently appear, the information will be removed from the web site after thirty days, unless persons filing the report have notified local law enforcement that the person is still missing.))

Sec. 4   RCW 36.28A.120 and 2006 c 102 s 5 are each amended to read as follows:
     The Washington state patrol shall establish an interface with local law enforcement and the Washington association of sheriffs and police chiefs missing persons web site, the toll-free twenty-four hour hotline, and national and other statewide missing persons systems or clearinghouses.
     Local law enforcement agencies shall file an official missing persons report and enter biographical information into the state missing persons computerized network ((within twelve hours)) without delay after notification of a missing person's report is received under this chapter.

Sec. 5   RCW 68.50.320 and 2006 c 102 s 6 and 2006 c 235 s 4 are each reenacted and 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.
     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 ((and obtaining the dental records)), the sheriff, chief of police, or other law enforcement authority shall submit the DNA samples ((for nuclear DNA testing to the Washington state patrol crime laboratory in their jurisdiction. The DNA samples for mitochondrial DNA testing shall be submitted to the federal bureau of investigation)) 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 ((persons)) 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.
     ((In cases where criminal activity is suspected, the state patrol shall conduct nuclear DNA typing for entry into the state missing person's DNA database as soon as possible.))
     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. 6   RCW 43.43.751 and 2006 c 102 s 7 are each amended to read as follows:
     Biological samples taken for a missing person's investigation under RCW 68.50.320 shall be forwarded ((as appropriate to the federal bureau of investigation upon receipt of the DNA samples and to the Washington state patrol crime lab)) to the appropriate laboratory as soon as possible. The crime laboratory of the Washington state patrol will provide guidance to agencies regarding where samples should be sent((, conduct nuclear DNA testing of the biological sample where appropriate and, in the event additional testing is required, the mitochondrial DNA testing will be conducted through the federal bureau of investigation. Priority for testing shall be given to active criminal cases)). If substantial delays in testing occur or federal testing is no longer available, the legislature should be requested to provide funding to implement mitochondrial technology in the state of Washington.