Bill Text: IA HF146 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act creating a silver alert program within the department of public safety for missing cognitively impaired persons.

Status: (Introduced) 2013-12-31 - END OF 2013 ACTIONS [HF146 Detail]

Download: Iowa-2013-HF146-Introduced.html
House File 146 - Introduced HOUSE FILE 146 BY PETTENGILL , UPMEYER , HAGENOW , HUSEMAN , SHAW , HEARTSILL , ALONS , HEIN , HESS , and FISHER A BILL FOR An Act creating a silver alert program within the department of 1 public safety for missing cognitively impaired persons. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1707YH (4) 85 jm/nh
H.F. 146 Section 1. NEW SECTION . 80G.1 Silver alert program —— 1 creation. 2 A silver alert program is created as a cooperative 3 effort between the department of public safety and local law 4 enforcement agencies to aid in the identification and location 5 of cognitively impaired persons who are missing. 6 Sec. 2. NEW SECTION . 80G.2 Definitions. 7 As used in this chapter, the following definitions apply: 8 1. “Cognitively impaired person” means a person sixty-five 9 years of age or older who is deficient in short-term or 10 long-term memory; orientation as to person, place, and time; 11 deductive or abstract reasoning; or judgment as it relates to 12 safety awareness. 13 2. “Department” means the department of public safety. 14 Sec. 3. NEW SECTION . 80G.3 Criteria. 15 A silver alert shall be issued by Iowa state patrol 16 communications upon receipt of a request from a law enforcement 17 agency if the following criteria apply: 18 1. The law enforcement agency has confirmed that a 19 cognitively impaired person has been missing for less than 20 seventy-two hours and an entry has been made into the Iowa 21 online articles and warrants system identifying the person 22 as missing. The law enforcement agency shall submit to the 23 department sufficient information to confirm the person is 24 missing on a form prescribed by the department prior to a 25 silver alert being transmitted. 26 2. The law enforcement agency believes the circumstances 27 surrounding the disappearance indicate the person is in danger 28 of serious injury or death. 29 3. There is enough descriptive information about the 30 disappearance to ensure that an immediate broadcast of the 31 information will aid in the discovery of the person. 32 Sec. 4. NEW SECTION . 80G.4 Activation and termination. 33 1. Upon establishment of the silver alert criteria in 34 section 80G.3, the department shall transmit a silver alert 35 -1- LSB 1707YH (4) 85 jm/nh 1/ 3
H.F. 146 through the emergency alert system to Iowa broadcasters. 1 2. Upon the transmission of a silver alert the department 2 shall post the alert on an internet site accessible by the 3 public. 4 3. After an initial silver alert transmission, additional 5 information may be submitted by the participating law 6 enforcement agency by facsimile transmission, electronic mail, 7 or telephonic means. 8 4. The communications officer of the state patrol may direct 9 the transmission of an Iowa silver alert upon request from 10 another state, provided that there is evidence the person may 11 be present in Iowa. 12 5. A silver alert shall terminate if the person is located 13 or five hours have elapsed since the transmission of the alert. 14 6. A silver alert may be renewed. 15 Sec. 5. NEW SECTION . 80G.5 Rules. 16 The department shall adopt rules pursuant to chapter 17A to 17 implement this chapter. 18 EXPLANATION 19 This bill creates a silver alert program within the 20 department of public safety. 21 The bill provides that the purpose of the program is to aid 22 in the identification and location of cognitively impaired 23 persons who are missing. 24 The bill defines “cognitively impaired person” to mean a 25 person 65 years of age or older who is deficient in short-term 26 or long-term memory; orientation as to person, place, and time; 27 deductive or abstract reasoning; or judgment as it relates to 28 safety awareness. 29 Under the bill, a silver alert shall be issued by the 30 department of public safety if the following apply; a law 31 enforcement agency has confirmed that a cognitively impaired 32 person has been missing for less than 72 hours and an entry 33 has been made into the Iowa online articles and warrants 34 system; the law enforcement agency believes the circumstances 35 -2- LSB 1707YH (4) 85 jm/nh 2/ 3
H.F. 146 surrounding the disappearance indicate the person is in danger 1 of serious injury or death; and there is enough descriptive 2 information about the disappearance to ensure an immediate 3 broadcast of the information will aid in the discovery of the 4 person. 5 If the criteria for issuing a silver alert have been 6 established, the department of public safety shall transmit 7 a silver alert through the emergency alert system to Iowa 8 broadcasters. Upon the transmission of the silver alert the 9 department shall also post the alert on an internet site. 10 The bill provides that a silver alert shall be terminated 11 when the person is located or five hours after transmission of 12 the alert. 13 The bill also provides a silver alert may be renewed. 14 -3- LSB 1707YH (4) 85 jm/nh 3/ 3
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