Bill Text: GA SB400 | 2011-2012 | Regular Session | Comm Sub

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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

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12 LC 35 2632S

The Senate Public Safety Committee offered the following substitute to SB 400:

A BILL TO BE ENTITLED
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.