CHAPTER 48

FORMERLY

SENATE BILL NO. 210

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 AND TITLE 24 OF THE DELAWARE CODE RELATING TO MISSING PERSONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section I. Amend Subchapter II (§8527 through §8530), Chapter 85, Part V, Title 11 of the Delaware Code by re- designating said subchapter u new Subchapter III (§8541 through §8544).

Section 2. Amend Chapter 85, Part V, Title II of the Delaware Code by adding thereto a new subchapter, designated as Subchapter U which new subchapter shall read u follows:

"SUBCHAPTER II. MISSING PERSONS

§8531. Definitions

The following words, terms and phrases, when used in this subchapter, shall have the meanings ucribed to them in this Section, except where the context clearly indicates • different meaning:

(a) 'Complaint' shall mean any report, notification or information given to • law enforcement officer that • person is missing or cannot, with reasonable care, be located;

(b) 'Missing person' shall mean • person who is missing, and who also meets one of the following characteristics:

(1) such person is physically or mentally disabled;

(2) such person was, or is, in the company of another person under circumstances indicating that the missing person's safety may be in danger;

(3) such person is missing under circumstances Indicating that the disappearance was not voluntary;

(4) such person is an unemancipated minor.

(b) 'Unemancipated minor' shall mean • minor who hu not married, and who resides with parent or other legal guardian.

§8532. Missing Persons; Original Complaint

A missing person complaint may be made to any county, town, city or state law enforcement agency or any other appropriate state agency. Such complaint shall state the age of the missing person. When an agency hu received • missing person complaint, such agency shall immediately disseminate all known facts concerning the missing person to all county and state law enforcement agencies, and to any other law enforcement agency which may be appropriate. A new missing person complaint shall have high priority.

§8533. Missing Persons; Law Enforcement Reports

(a) The law enforcement agency which hu primary Jurisdiction in the area from which • missing person complaint hu been filed shall prepare, u soon u practicable, a report on the missing person. Such report shall include, but is not limited to, the following:

(1) all Information contained in the original complaint;

(2) all Information or evidence gathered by the preliminary investigation, if one wu made;

(3) a statement, by the law enforcement officer in charge, setting forth that officer's assessment of the cue, based upon all evidence and Information received;

(4) any additional, supplemental or unusual information which the agency feels may be of Importance in locating the missing person.

§8534. Dissemination of the Missing Person Report

Upon completion of the Missing Person Report, the law enforcement agency shall send • copy of the

report to:

(a) each law enforcement officer having Jurisdiction over the location in which the missing person lives, or was last seen;

(b) each State agency which the reporting law enforcement agency considers to be potentially involved, and each private agency known to the law enforcement which has, as at part of its functions, the searching for or location of missing persons;

(c) each State agency which the nearest relative to the missing person, or the complainant of no relative is located, requests that the report be sent to; provided however, that the forwarding of any report under the provisions of this section shall be at the discretion of the law enforcement agency.

(d) Each law enforcement agency which requests a copy of the Missing Person Report. §8535. Unemancipated Minors

If a report of a missing person involves an unemancipated minor. the law enforcement agency shall immediately transmit all proper information for inclusion into the National Crime Information Center (N. C .I. C . ) computer.

If a report of a missing person involves an unemancipated minor, the law enforcement agency shall not prevent an Immediate active investigation on the basis of any agency rule which specifies an utomatic time limitation for a missing person investigation.

§8536. Missing Persons; Dental Records

Each law enforcement agency shall be provided with dental authorization forms, promulgated by the Attorney General, which when signed by a parent or guardian of a minor shall permit release of dental records to law enforcement authorities. Where the Missing Person Complaint indicates that the missing person is under eighteen years of age, a properly executed dental authorization shall be taken to the family dentist and any other dentist which has records which would assist In identification of the missing person. Such dental identification shall be disseminated to the Medical Examiner and all other appropriate state agencies.

§8537. Unidentified Deceased Persons

It shall be the duty of every law enforcement agency to:

(a) acquire, collect, classify, and preserve any information which would assist In the Identification of any deceased individual who has not been identified after the discovery of such deceased individual;

(b) acquire. collect, classify, and preserve Immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry to the parent, legal guardian, or next• of-kin of such person; and the agency shall acquire, collect, classify, and preserve such information as it deems necessary from each such parent, guardian or next of-kin; and

(c) exchange such records and information as are provided for in this section with other law enforcement agencies of this State, of any other State. or of the United States. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies.

38538. Unidentified Deceased Persons; Fingerprints

The Medical Examiner shall promptly furnish the Department of Public Safety with copies of the fingerprints of each unidentified deceased person. The copies of such fingerprints shall be on standardized cards, and shall be accompanied by descriptions and other identifying data, including any available information concerning the date and place of death. In any instance where it is not physically possible to furnish prints of all ten fingers, the prints or partial prints of any fingers, together with identifying data shall be forwarded by the Medical Examiner to the Department."

Approved June 28, 1985.