CHAPTER 694
MISSING PERSONS

Referred to in §331.307, 364.22

  
     
694.1   Definitions.
  As used in this chapter, unless the context otherwise indicates:
  1.  “Missing person” means a person who is missing and meets one of the following characteristics:
  a.  Is a person with a physical or mental disability.
  b.  Is missing under circumstances indicating that the person’s safety may be in danger.
  c.  Is missing under circumstances indicating that the disappearance was not voluntary.
  d.  Is an unemancipated minor.
  2.   “Unemancipated minor” means a minor who has not married and who resides with a parent or other legal guardian.
84 Acts, ch 1084, §1; 90 Acts, ch 1051, §1; 90 Acts, ch 1233, §40; 96 Acts, ch 1129, §107; 2013 Acts, ch 90, §220
Referred to in §692.3, 694.10

     
694.2  Complaint of missing person.
  1.  A person may file a complaint of a missing person with a law enforcement agency having jurisdiction. The complaint shall include, but is not limited to, the following information:
  a.  The name of the complainant.
  b.  The relationship of the complainant to the missing person.
  c.  The name, age, address, and all identifying characteristics of the missing person.
  d.  The length of time the person has been missing.
  e.  All other information deemed relevant by either the complainant or the law enforcement agency.
  2.  A report of the complaint of missing person shall be given to all law enforcement personnel currently on active duty for that agency through internal means and over the law enforcement administration network immediately upon its being filed.
84 Acts, ch 1084, §2
Referred to in §694.10

     
694.3  Report on missing person.
  A law enforcement agency in which a complaint of a missing person has been filed shall prepare, as soon as practicable, a report on a missing person. That report shall include, but is not limited to, the following:
  1.  All information contained in the complaint on a missing person.
  2.  All information or evidence gathered by a preliminary investigation, if one was made.
  3.  A statement, by the law enforcement officer in charge, setting forth that officer’s assessment of the case based upon all evidence and information received.
  4.  An explanation of the next steps to be taken by the law enforcement agency filing the report.
84 Acts, ch 1084, §3
Referred to in §694.10

     
694.4  Dissemination of report.
  Upon completion of the report, a copy of the report shall be forwarded to:
  1.  All law enforcement agencies having jurisdiction of the location in which the missing person lives or was last seen.
  2.  All law enforcement agencies considered to be potentially involved by the law enforcement agency filing the report.
  3.  All law enforcement agencies which the complainant requests the report to be sent to, if the request is reasonable in light of the information contained in the report.
  4.  Any law enforcement agency requesting a copy of the missing person report.
84 Acts, ch 1084, §4

     
694.5  Unemancipated minors.
  1.  If a report of missing person involves an unemancipated minor, the law enforcement agency shall immediately transmit the proper information for inclusion in the national crime information center computer.
  2.  If a report of missing person involves an unemancipated minor, a law enforcement agency shall not prevent an immediate active investigation on the basis of an agency rule which specifies an automatic time limitation for a missing person investigation.
84 Acts, ch 1084, §5

     
694.6  False information — penalty.
  A person who knowingly makes a false report of missing person, or knowingly makes a false statement in the report, to a law enforcement agency is guilty of a simple misdemeanor.
84 Acts, ch 1084, §6
694.7 through 694.9Reserved.

     
694.10  Missing person information clearinghouse.
  1.  As used in this section:
  a.  “Missing person” means a missing person as defined in section 694.1 whose temporary or permanent residence is in Iowa, or is believed to be in Iowa, whose location has not been determined, and who has been reported as missing to a law enforcement agency.
  b.  “Missing person report” is a report prepared on a form designed by the department of public safety for use by private citizens and law enforcement agencies to report missing person information to the missing person information clearinghouse.
  2.  The department of public safety shall establish a statewide missing person information clearinghouse. In connection with the clearinghouse, the department shall:
  a.  Collect, process, maintain, and disseminate information concerning missing persons in Iowa.
  b.  Develop training programs for local law enforcement personnel concerning appropriate procedures to report missing persons to the clearinghouse and to comply with legal procedures relating to missing person cases.
  c.  Provide specialized training to law enforcement officers, in conjunction with the law enforcement academy, to enable the officers to more efficiently handle the tracking of missing persons and unidentified bodies on the local level.
  d.  Develop training programs to assist parents in avoiding child kidnapping.
  e.  Cooperate with other states and the national crime information center in efforts to locate missing persons.
  f.  Maintain a toll-free telephone line, available twenty-four hours a day, seven days a week, to receive and disseminate information related to missing persons.
  g.  Distribute monthly bulletins to all local law enforcement agencies and to media outlets which request missing person information, containing the names, photos, and descriptions of missing persons, information related to the events surrounding the disappearance of the missing persons, the law enforcement agency or person to contact if missing persons are located or if other relevant information is discovered relating to missing persons, and the names of persons reported missing whose locations have been determined and confirmed.
  h.  Produce, update at least weekly, and distribute public service announcements to media outlets which request missing person information, containing the same or similar information as contained in the monthly bulletins.
  i.  Encourage and seek both financial and in-kind support from private individuals and organizations in the production and distribution of clearinghouse bulletins and public service announcements under paragraphs “g” and “h”.
  j.  Maintain a registry of approved prevention and education materials and programs regarding missing and runaway children.
  k.  Coordinate public and private programs for missing and runaway children.
  3.  A law enforcement agency shall submit all missing person reports compiled pursuant to section 694.3 and updated information relating to the reports to the clearinghouse.
  4.  Subsequent to the filing of a complaint of a missing person with a law enforcement agency pursuant to section 694.2, the person filing the complaint may submit information regarding the missing person to the clearinghouse. If the person reported missing is an unemancipated minor, any person may submit information regarding the missing unemancipated minor to the clearinghouse.
  5.  A person who has filed a missing person complaint with a law enforcement agency shall immediately notify that law enforcement agency when the location of the missing person has been determined.
  6.  After the location of a person reported missing to the clearinghouse has been determined and confirmed, the clearinghouse shall only release information described in subsection 2, paragraphs “g” and “h” concerning the located person. After the location of a missing person has been determined and confirmed, other information concerning the history of the missing person case shall be disclosed only to law enforcement officers of this state and other jurisdictions when necessary for the discharge of their official duties and to the juvenile court in the county of a formerly missing child’s residence. All information relating to a missing person in the clearinghouse shall be purged when the person’s location has been determined and confirmed, except that information relating to a missing child shall be purged when the child reaches eighteen years of age and the child’s location has been determined and confirmed.
85 Acts, ch 173, §29