S2081

An Act concerning high risk missing persons, and amending P.L.1983, c.467 and P.L.2007, c.279.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1983, c.467 (C.52:17B-9.8) is amended to read as follows:

3. In addition to any other powers and duties vested in it by law or by the Attorney General, the unit shall:

a. Coordinate, file and investigate all missing persons cases in this State, and cooperate with local law enforcement officials and federal law enforcement officials in the creation of a centralized office on missing persons in this State;

b. (Deleted by amendment, P.L.2007, c.39).

c. Collect and maintain data on missing persons and unidentified bodies in this State and throughout the United States;

d. Coordinate efforts with other states and with the federal government in the investigation of cases involving missing persons or unidentified bodies;

e. Provide specialized training to law enforcement officers and medical examiners in this State, in conjunction with the Police Training Commission, which would enable them to more efficiently handle the tracing of missing persons and unidentified bodies on the local level;

f. Employ the services of local law enforcement agencies or other social or governmental agencies ;

g. Issue legal process concerning any case involving missing persons or unidentified bodies for information necessary to conduct an investigation including, but not limited to, administrative subpoenas and court orders.

(cf: P.L.2007, c.39, s.6)

2. Section 5 of P.L.2007, c.279 (C.52:17B-216) is amended to read as follows:

5. a. (1) Upon the initial receipt of a missing person report, a law enforcement agency shall seek to determine whether the person reported missing is to be designated a high risk missing person.

(2) If a law enforcement agency has reason to believe that a person reported missing is a high risk missing person, the agency shall consult with the Division of Criminal Justice, the respective county prosecutor’s office, or both, as appropriate under the circumstances. If it is determined upon consultation that a person reported missing is a high risk missing person, there shall be a presumption that a person has engaged or is engaging in a crime or offense, which shall provide the basis for the issuance of legal process. This presumption may be rebutted if evidence discovered during further investigation indicates that the missing person does not qualify as a high risk missing person as defined in section 1 of P.L.2007, c.279 (C.52:17B-212). Any records obtained in the course of a missing persons investigation may be released to a governmental entity upon showing of good cause to the Superior Court, Law Division.

b. If the initial determination of a person reported missing does not warrant designation of that person as high risk, it shall not preclude a later determination, based on further investigation or the discovery of additional information, that the missing person is high risk.

(cf: P.L.2007, c.279, s.5)

3. This act shall take effect immediately.

STATEMENT

This bill expands the authority of the Missing Persons and Human Trafficking Unit in the Division of State Police in the Department of Law and Public Safety and creates a rebuttable presumption of criminal activity if a missing person is determined to be a high risk missing person.

Under current law, the unit is required to coordinate, file and investigate all missing persons cases in the State, and cooperate with local law enforcement officials and federal law enforcement officials in the creation of a centralized office on missing persons in the State; collect and maintain data on missing persons and unidentified bodies in the State and throughout the United States; coordinate efforts with other states and the federal government in the investigation of cases involving missing persons or unidentified bodies; and provide specialized training to law enforcement officers and medical examiners in this State, in conjunction with the Police Training Commission.

This bill provides that the unit additionally would issue legal process concerning any case involving missing persons or unidentified bodies for information necessary to conduct an investigation including, but not limited to, administrative subpoenas and court orders.

The bill also provides that if a law enforcement agency has reason to believe that a person reported missing is a high risk missing person, the agency would be required to consult with the Division of Criminal Justice in the Department of Law and Public Safety, the respective county prosecutor’s office, or both, as appropriate under the circumstances. If, following consultation, it is determined that a person reported missing is a high risk missing person, there would be a rebuttable presumption that a person has engaged or is engaging in a crime or offense. This presumption would provide the basis for the issuance of legal process.

Under the bill, the presumption could be rebutted if evidence discovered during further investigation indicates that the missing person does not qualify as a high risk missing person. The bill also provides that any records obtained in the course of a missing persons investigation would be permitted to be released to a governmental entity upon showing of good cause to the Superior Court, Law Division.