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| PRIOR PRINTER'S NO. 812 | PRINTER'S NO. 3797 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY YOUNGBLOOD, CRUZ, BROWN, THOMAS, BAKER, BARRAR, BOYD, BOYLE, COHEN, DONATUCCI, FRANKEL, GOODMAN, HENNESSEY, JOSEPHS, KORTZ, KULA, LONGIETTI, MAHONEY, MANDERINO, MANN, MELIO, MICOZZIE, MOUL, M. O'BRIEN, O'NEILL, PARKER, PAYNE, PHILLIPS, READSHAW, K. SMITH, SOLOBAY, STURLA, VULAKOVICH, WATSON, WHITE AND LENTZ, MARCH 5, 2009 |
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| AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 25, 2010 |
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| AN ACT |
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1 | Relating to a silver alert program for missing senior citizens. | <-- |
2 | Amending the act of November 24, 2004 (P.L.1270, No.153), | <-- |
3 | entitled "An act providing for the Pennsylvania Amber Alert |
4 | System; authorizing and directing the Pennsylvania State |
5 | Police to establish and maintain the Pennsylvania Amber Alert |
6 | System; assessing costs; and providing for immunity and |
7 | penalties," further providing for Pennsylvania Amber Alert |
8 | System established, for prohibited use, for coordination with |
9 | other jurisdictions and for immunity; and creating the |
10 | Missing Endangered Person Advisory System. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Short title. | <-- |
14 | This act shall be known and may be cited as the Silver Alert |
15 | for Missing Senior Citizens Act. |
16 | Section 2. Definitions. |
17 | The following words and phrases when used in this act shall |
18 | have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
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1 | "Alert." The Statewide silver alert for missing senior |
2 | citizens developed and implemented under this act. |
3 | "Department." The Department of Aging of the Commonwealth. |
4 | "Local law enforcement agency." A local law enforcement |
5 | agency with jurisdiction to enforce the laws of this |
6 | Commonwealth. |
7 | "Senior citizen." A person who is 65 years of age or older. |
8 | Section 3. Silver alert for missing senior citizens. |
9 | The department will cooperate with the Pennsylvania State |
10 | Police and shall develop and implement a Statewide silver alert |
11 | to be activated on behalf of a missing senior citizen. |
12 | Section 4. Administration. |
13 | (a) Director.--The Secretary of Aging shall appoint a |
14 | director to serve as the Statewide coordinator of the alert. |
15 | (b) Rules and regulations.--The department shall adopt rules |
16 | and regulations and shall issue directives as necessary to |
17 | ensure proper implementation of the alert. The rules and |
18 | regulations must include: |
19 | (1) The procedures to be used by a local law enforcement |
20 | agency to verify whether a senior citizen: |
21 | (i) is missing; and |
22 | (ii) has an impaired mental condition; |
23 | (2) a description of the circumstances under which a |
24 | local law enforcement agency is required to report a missing |
25 | senior citizen to the department; and |
26 | (3) the procedures to be used by an individual or entity |
27 | to report information about a missing senior citizen to |
28 | designated media outlets in this Commonwealth. |
29 | Section 5. Department to recruit participants. |
30 | The department shall recruit public and commercial television |
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1 | and radio broadcasters, private commercial entities, State or |
2 | local government entities, the public and other appropriate |
3 | persons to assist in developing and implementing the alert. |
4 | Section 6. Duties of the Pennsylvania State Police. |
5 | The Pennsylvania State Police shall: |
6 | (1) cooperate with the department and assist in |
7 | developing and implementing the alert; and |
8 | (2) establish a plan for providing relevant information |
9 | to the public across this Commonwealth. |
10 | Section 7. Notification to department of a missing senior |
11 | citizen. |
12 | (a) Notification to department.--A local law enforcement |
13 | agency may notify the department if the agency: |
14 | (1) receives notice of a missing senior citizen; |
15 | (2) verifies that at the time the senior citizen is |
16 | reported missing: |
17 | (i) the person reported missing is 65 years of age |
18 | or older; |
19 | (ii) the senior citizen's location is unknown; |
20 | (iii) the senior citizen's domicile is in this |
21 | Commonwealth; |
22 | (iv) the senior citizen has an impaired mental |
23 | condition; and |
24 | (3) determines that the senior citizen's disappearance |
25 | poses a credible threat to the senior citizen's health and |
26 | safety. |
27 | (b) Local law enforcement agency.--The local law enforcement |
28 | agency shall: |
29 | (1) require the family or legal guardian of the missing |
30 | senior citizen to provide documentation of the senior |
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1 | citizen's impaired mental condition to verify the condition |
2 | as required under subsection (a)(2)(iv); and |
3 | (2) as soon as practicable, determine whether the senior |
4 | citizen's disappearance poses a credible threat to the senior |
5 | citizen's health and safety for purposes of subsection |
6 | (a)(3). |
7 | Section 8. Activation of silver alert. |
8 | (a) Confirmation by department.--When a local law |
9 | enforcement agency notifies the department under section 7, the |
10 | department shall confirm the accuracy of the information and, if |
11 | confirmed, immediately issue an alert under this act in |
12 | accordance with department rules. |
13 | (b) Issuance of alert.--In issuing the alert, the department |
14 | shall send the alert to designated media outlets in this |
15 | Commonwealth. Following receipt of the alert, participating |
16 | radio stations, television stations and other media outlets may |
17 | issue the alert at designated intervals to assist in locating |
18 | the missing senior citizen. |
19 | Section 9. Content of silver alert. |
20 | The alert must include: |
21 | (1) all appropriate information that is provided by the |
22 | local law enforcement agency that may lead to the safe |
23 | recovery of the missing senior citizen; and |
24 | (2) a statement instructing any person with information |
25 | related to the missing senior citizen to contact a local law |
26 | enforcement agency. |
27 | Section 10. Termination of silver alert. |
28 | (a) Director's duties.--The director shall terminate any |
29 | activation of the alert with respect to a particular missing |
30 | senior citizen no later than the earlier of the date on which: |
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1 | (1) the missing senior citizen is located or the |
2 | situation is otherwise resolved; or |
3 | (2) the notification period ends, as determined by |
4 | department rule. |
5 | (b) Local law enforcement agency.--A local law enforcement |
6 | agency that locates a missing senior citizen who is the subject |
7 | of an alert shall notify the department as soon as possible that |
8 | the missing senior citizen has been located. |
9 | Section 11. This act shall take effect in 180 days. |
10 | Section 1. Sections 1 and 2 of the act of November 24, 2004 | <-- |
11 | (P.L.1270, No.153), referred to as the Pennsylvania Amber Alert |
12 | System Law, are amended to read: |
13 | Section 1. Pennsylvania Amber Alert System and Missing |
14 | Endangered Person Advisory System (MEPAS) |
15 | established. |
16 | (a) Pennsylvania Amber Alert System.--The Pennsylvania State |
17 | Police shall establish and maintain the Pennsylvania Amber Alert |
18 | System to assist in the recovery of abducted children through |
19 | prompt notification to the general public [and], appropriate law |
20 | enforcement authorities and other public agencies. |
21 | (b) Missing Endangered Person Advisory System (MEPAS).--The |
22 | Pennsylvania State Police shall establish and maintain the |
23 | Missing Endangered Person Advisory System to assist in the |
24 | recovery of missing persons who are at special risk of harm or |
25 | injury, through prompt notification to the general public, |
26 | appropriate law enforcement authorities and other public |
27 | agencies. |
28 | Section 1.1. Duties of Pennsylvania State Police. |
29 | The Pennsylvania State Police shall establish such protocols |
30 | and procedures as are necessary for the effective operation of |
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1 | [this] each system and shall educate and inform local law |
2 | enforcement agencies and the public with regard to [its] the |
3 | availability of each system. |
4 | Section 2. Prohibited use of Amber Alerts. |
5 | The transmission, broadcast or other communication of a |
6 | public alert, other than through the Pennsylvania Amber Alert |
7 | System, intentionally, knowingly, recklessly or negligently |
8 | purporting to be made by, with or through the authority of the |
9 | Pennsylvania Amber Alert System is prohibited and shall be |
10 | subject to a civil penalty of not more than $5,000. |
11 | Section 2. The act is amended by adding a section to read: |
12 | Section 2.1. Use of Missing and Endangered Person Advisory |
13 | System. |
14 | The Pennsylvania Missing Endangered Person Advisory System |
15 | shall be operated by the Pennsylvania State Police. Activation |
16 | may be requested by law enforcement agencies when public |
17 | assistance is considered expedient to the recovery of a missing |
18 | individual believed to be at special risk of harm or injury. The |
19 | ability of law enforcement agencies to independently notify or |
20 | request assistance from the public shall not be impaired or |
21 | restricted in any way. |
22 | Section 3. Sections 3 and 5 of the act are amended to read: |
23 | Section 3. Coordination with other jurisdictions. |
24 | The Pennsylvania State Police shall coordinate with the |
25 | authorities of the various states and the Federal Government |
26 | that are responsible within their respective jurisdictions for |
27 | the recovery of abducted children to establish and execute the |
28 | procedures appropriate to the effective fulfillment of its |
29 | responsibilities [under section 1] relating to the Pennsylvania |
30 | Amber Alert System. |
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1 | Section 5. Immunity. |
2 | (a) Media immunity.--Owners, licensees, operators and |
3 | employees of any communication medium, including, but not |
4 | limited to, telephone, radio, television, newspaper, digital |
5 | communications network or global communications network, shall |
6 | be immune from civil liability for their good faith conduct |
7 | while participating in accordance with this act. |
8 | (b) Good Samaritan immunity.--Any person who provides, |
9 | obtains or attempts to provide or obtain assistance for a child |
10 | who is the subject of a Pennsylvania Amber Alert System notice |
11 | or a person who is the subject of a Missing Endangered Person |
12 | Advisory shall be immune from civil liability for acts or |
13 | omissions in providing or obtaining or attempting to provide or |
14 | obtain assistance except for acts or omissions intended to cause |
15 | harm and for which the law does not recognize justification or |
16 | that constitute gross negligence or willful, wanton or reckless |
17 | conduct. |
18 | Section 4. This act shall take effect in 60 days. |
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