Bill Text: GA SB400 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Law Enforcement; mandate certain conduct when a person is reported missing
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2012-03-05 - Senate Read Second Time [SB400 Detail]
Download: Georgia-2011-SB400-Comm_Sub.html
12 LC 35
2632S
The
Senate Public Safety Committee offered the following substitute to SB
400:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
establish the "Stacey Nicole English Act" and in her honor to aid in the
location of missing persons who may be incapacitated due to serious medical
conditions; to amend Title 35 of the Official Code of Georgia Annotated,
relating to law enforcement officers and agencies, so as to prohibit minimum
waiting periods for initiating a missing person report; to authorize a
state-wide endangered person advisory based on a missing person's severe medical
condition; to amend Code Section 40-2-26 of the Official Code of Georgia
Annotated, relating to form and contents of application for registration of
motor vehicles, so as to provide for emergency contact information in vehicle
application registration forms; to provide for related matters; to provide for
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Stacey Nicole English
Act."
SECTION
2.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended by adding a new Code section to read as
follows:
"35-1-18.
No
law enforcement agency shall implement a policy or practice which mandates a
minimum waiting period before initiating a missing person report with such
agency; provided, however, that it shall remain within the discretion of the law
enforcement agency to determine what action, if any, is required in response to
such a report."
SECTION
3.
Said
title is further amended by revising Article 7 of Chapter 3, relating to the
state-wide alert system for missing disabled adults, as follows:
"ARTICLE
7
35-3-170.
This
article shall be known and may be cited as the 'Mattie's Call Act.'
35-3-171.
As
used in this article, the term:
(1)
'Alert system' means the state-wide 'Mattie's Call' alert system for missing
disabled adults
and medically
endangered persons.
(2)
'Disabled adult' means an adult who is developmentally impaired or who suffers
from dementia or some other cognitive impairment.
(3)
'Local law enforcement agency' means a
local
law enforcement agency with jurisdiction over the investigation of a missing
disabled adult
or other
medically endangered person.
(4)
'Medically endangered person' means a person with a known medical condition that
might reasonably cause such person to become incapacitated or that may result in
life-threatening physiological conditions likely to lead to serious bodily
injury or death if not immediately treated.
35-3-172.
(a)
With the cooperation of the office of the Governor, the Georgia Lottery
Corporation, and other appropriate law enforcement agencies in this state, the
bureau shall develop and implement a state-wide alert system to be activated on
behalf of missing disabled adults
and medically
endangered persons.
(b)
Activation of a state-wide missing person alert system shall not prevent or
prohibit any other state or local law enforcement agency from taking additional
measures in response to the receipt of a missing person report.
35-3-173.
(a)
The director is the state-wide coordinator of the alert system.
(b)
The director shall adopt rules and issue directives as necessary to ensure
proper implementation of the alert system. The rules and directives shall
include instructions on the procedures for activating and deactivating the alert
system.
(c)
The director shall prescribe forms for use by local law enforcement agencies in
requesting activation of the alert system.
(d)
No rule or directive adopted by the director shall mandate a minimum waiting
period before the alert system may be activated or a request by local law
enforcement agencies may be submitted to the bureau; provided, however, that it
shall remain within the discretion of the director, as provided in this article,
whether the alert system shall be activated at the request of a local law
enforcement agency.
(e)
When making a determination whether to activate or whether to request the
activation of a state-wide missing person alert system, both the director and
the requesting local law enforcement agency shall take into consideration the
known medical condition of the missing person where the medical condition may
reasonably be considered a cause for the inability to locate such missing
person. In so considering the medical condition of a missing person,
particularly where such condition may be immediately life-threatening or
incapacitating, the director or other authorized person and the requesting law
enforcement official shall be authorized, within his or her discretion, to
initiate and request, respectively, a state-wide endangered person
advisory.
35-3-174.
The
staff of personal care homes and assisted living communities shall call the
local police department to report the elopement of any disabled person from the
home within 30 minutes of the staff's receiving actual knowledge that such
person is missing from the home.
35-3-175.
(a)
The bureau shall recruit public and commercial television, radio, cable, print,
and other media, private commercial entities, state or local governmental
entities, the public, and other appropriate persons to assist in developing and
implementing the alert system.
(b)
The bureau may enter into agreements with participants in the alert system to
provide necessary support for the alert system.
35-3-176.
(a)
On notification by a local law enforcement agency that a disabled adult
or medically
endangered person is missing, the director
shall activate the alert system and notify appropriate participants in the alert
system, as established by rule, if:
(1)
A local law enforcement agency believes that a disabled adult
or medically
endangered person is missing;
(2)
A local law enforcement agency believes that the disabled adult
or medically
endangered person is in immediate danger
of serious bodily injury or death;
(3)
A local law enforcement agency confirms that an investigation has taken place
that verifies the disappearance and eliminates alternative explanations for the
disabled adult's
or medically
endangered person's disappearance;
and
(4)
Sufficient information is available to disseminate to the public that could
assist in locating the disabled adult
or medically
endangered person.
(b)
The area of the alert may be less than state wide if the director determines
that the nature of the event makes it probable that the disabled adult
or medically
endangered person did not leave a certain
geographic location.
(c)
The bureau may modify the criteria described by subsection (a) of this Code
section as necessary for the proper implementation of the alert
system.
35-3-177.
Before
requesting activation of the alert system, a
local
law enforcement agency shall verify that the criteria described by subsection
(a) of Code Section 35-3-176 have been satisfied. The local law enforcement
agency shall assess the appropriate boundaries of the alert, based on the nature
of the disabled adult
or medically
endangered person and the circumstances
surrounding the disappearance. On verification of the criteria, the
local
law enforcement agency shall immediately contact the bureau to request
activation and shall supply the necessary information on the forms prescribed by
the director.
35-3-178.
(a)
A state agency participating in the alert system shall:
(1)
Cooperate with the bureau and assist in developing and implementing the alert
system;
(2)
Establish a plan for providing relevant information to its officers,
investigators, or employees, as appropriate, once the alert system has been
activated; and
(3)
Utilize a rapid response telephone system that alerts residents in a targeted
area.
(b)
The Georgia Lottery Corporation is directed to develop a method of notifying its
vendors within an alert area of an alert in a manner designed to disseminate
alert information to customers at its retail locations.
35-3-179.
The
director shall terminate any activation of the alert system with respect to a
particular disabled adult
or medically
endangered person if:
(1)
The
adult
person
is located or the disappearance is otherwise resolved; or
(2)
The director determines that the alert system is no longer an effective tool for
locating and recovering the disabled adult
or medically
endangered person.
35-3-180.
(a)
Any entity or individual participating in the 'Mattie's call' alert system
pursuant to this article shall not be liable for any civil damages arising from
the dissemination of any alert generated pursuant to the 'Mattie's call' alert
system.
(b)
Nothing in this article shall be construed to limit or restrict in any way any
legal protection an individual or entity may have under any other law for
disseminating any information."
SECTION
4.
Code
Section 40-2-26 of the Official Code of Georgia Annotated, relating to form and
contents of application for registration of motor vehicles, is amended by
revising subsection (b) as follows:
"(b)
Application shall be made by the owner of the vehicle upon blanks prepared by
the commissioner for such purposes. The application shall contain a statement
of the name, place of residence, and address of the applicant; a brief
description of the vehicle to be registered, including its name and model, the
name of the manufacturer, the manufacturer's vehicle identification number, and
its shipping weight and carrying capacity; from whom, where, and when the
vehicle was purchased; the total amount of all liens, if any, thereon, with the
name and address of the lienholder; and such other information as the
commissioner may require.
In addition,
the commissioner shall provide to an applicant an opportunity to designate an
alternative emergency contact telephone number, which number shall be made
available to a law enforcement officer making a vehicle tag inquiry in the
course of conducting official law enforcement
business."
SECTION
5.
This
Act shall become effective on July 1, 2012; provided, however, that Section 4
shall become effective on January 1, 2013.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.