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.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 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
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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
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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
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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
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