Introduced Version
HOUSE BILL No. 1159
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-13-5; IC 12-7-2-131.3; IC 12-10-18.
Synopsis: Missing endangered seniors. Requires the state police to
issue an Amber alert to assist in the search for a missing endangered
senior. Provides that a law enforcement agency that receives a
notification concerning a missing endangered senior must prepare and
forward a report concerning the missing endangered senior within five
hours to: (1) other law enforcement agencies; (2) the National Crime
Information Center; (3) the data and communication system; and (4)
broadcasters participating in the Amber alert program. Makes
conforming amendments and other changes.
Effective: July 1, 2005.
Ruppel
January 6, 2005, read first time and referred to Committee on Family, Children and Human
Affairs.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1159
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-13-5-1; (05)IN1159.1.1. -->
SECTION 1. IC 10-13-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
chapter, "Amber alert program" means a program under which the
clearinghouse transmits information about a recently abducted child or
missing endangered senior to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to the
general public.
SOURCE: IC 10-13-5-4.5; (05)IN1159.1.2. -->
SECTION 2. IC 10-13-5-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 4.5. As used in this chapter, "missing endangered
senior" means an individual at least sixty-five (65) years of age who
is reported missing to a law enforcement agency and is, or is
believed to be:
(1) a temporary or permanent resident of Indiana;
(2) at a location that cannot be determined by an individual
familiar with the missing individual; and
(3) incapable of returning to the individual's residence
without assistance.
SOURCE: IC 10-13-5-8; (05)IN1159.1.3. -->
SECTION 3. IC 10-13-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The
clearinghouse may operate an Amber alert program.
(b) Upon the establishment of an Amber alert program, the
clearinghouse may enter into an agreement with one (1) or more
broadcasters to operate the Amber alert program under this chapter.
(c) The superintendent shall designate staff responsible for the
operation of the Amber alert program.
(d) The department shall adopt guidelines governing the
clearinghouse's operation of the Amber alert program. The department's
guidelines may require that staff, upon receiving a report:
(1) that a child has been abducted;
or
(2) that there is a missing endangered senior;
immediately send by facsimile (fax) transmission or other means of
communication a description of the abducted child
or missing
endangered senior to one (1) or more broadcasters participating in the
Amber alert program.
(e) A broadcaster participating in the Amber alert program shall
immediately broadcast:
(1) a description of the abducted child
or missing endangered
senior; and
(2) other information that will assist in locating the abducted child
or missing endangered senior;
to the general public in accordance with the Amber alert plan
agreement between the clearinghouse and the broadcaster.
(f) The department shall adopt guidelines governing the voluntary
Amber alert program agreement between the clearinghouse and a
broadcaster. The voluntary agreement between the clearinghouse and
the broadcaster may include the following provisions:
(1) Upon receiving a notification as part of the Amber alert
program, the broadcaster shall broadcast the information
contained on the notice on an intermittent basis for a period of
time as provided in the agreement between the clearinghouse and
the broadcaster.
(2) The broadcaster shall treat the Amber alert notification as an
emergency.
(3) The broadcaster shall ensure that the facsimile (fax)
transmission machine or other communications device used to
receive an Amber alert notification is:
(A) generally available to receive an Amber alert notification;
and
(B) located such that the broadcaster will immediately become
aware of an incoming Amber alert notification.
SOURCE: IC 10-13-5-8.5; (05)IN1159.1.4. -->
SECTION 4. IC 10-13-5-8.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8.5. (a) A broadcaster
that has agreed to participate in the Amber alert program and that:
(1) receives an Amber alert notification from the department; and
(2) broadcasts:
(A) a description of the abducted child or missing
endangered senior contained in the notification; and
(B) other information contained in the notification that will
assist in locating the child or missing endangered senior;
is immune from civil liability based on the broadcast of the information
received from the department.
(b) If:
(1) a person enters into an agreement with the department to
establish or maintain an Amber alert web site; and
(2) the agreement provides that only the department has the
ability to place information on the web site;
the person is immune from civil liability for the information placed on
the web site by the department. However, this subsection does not
affect the applicability of IC 34-13-3 to the department.
SOURCE: IC 10-13-5-9; (05)IN1159.1.5. -->
SECTION 5. IC 10-13-5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. If a missing child or
missing endangered senior is found, the:
(1) child's parent or legal custodian shall notify the law
enforcement agency that received the missing child notification
under IC 31-36 (or IC 31-6-13 before its repeal) ; or
(2) individual familiar with the missing endangered senior
shall notify the law enforcement agency that received the
missing endangered senior notification under IC 12-10-18.
SOURCE: IC 10-13-5-10; (05)IN1159.1.6. -->
SECTION 6. IC 10-13-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) Upon receiving
notification from:
(1) a parent or legal custodian that a missing child has been
found;
or
(2) an individual familiar with a missing endangered senior
that the missing endangered senior has been found;
a law enforcement agency shall immediately notify the clearinghouse.
(b) Not later than sixty (60) days after the law enforcement agency
described in subsection (a) complies with the requirements under
federal law for periodic updates of the entries made to the National
Crime Information Center (NCIC) concerning a missing child, the law
enforcement agency described in subsection (a) shall review reports
made to the clearinghouse and update the information.
SOURCE: IC 12-7-2-131.3; (05)IN1159.1.7. -->
SECTION 7. IC 12-7-2-131.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 131.3. "Missing endangered
senior", for purposes of IC 12-10-18, has the meaning set forth in
IC 10-13-5-4.5.
SOURCE: IC 12-10-18; (05)IN1159.1.8. -->
SECTION 8. IC 12-10-18 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter 18. Reports of Missing Endangered Seniors
Sec. 1. A law enforcement agency that receives a notification
concerning a missing endangered senior shall prepare a report on
the missing endangered senior. That report must include the
following:
(1) Relevant information obtained from the notification
concerning the missing endangered senior, including the
following:
(A) A physical description of the missing endangered
senior.
(B) The date, time, and place that the missing endangered
senior was last seen.
(C) The missing endangered senior's address.
(2) Information gathered by a preliminary investigation, if
one was made.
(3) A statement by the law enforcement officer in charge
setting forth that officer's assessment of the case based upon
the evidence and information received.
Sec. 2. The law enforcement agency shall prepare the report
required by section 1 of this chapter as soon as practicable, but not
later than five (5) hours after the law enforcement agency receives
notification of a missing endangered senior.
Sec. 3. Upon completion of the report required by section 1 of
this chapter, the law enforcement agency shall immediately
forward the contents of the report to:
(1) all law enforcement agencies that have jurisdiction in the
location where the missing endangered senior lives and all law
enforcement agencies that have jurisdiction in the location
where the missing endangered senior was last seen;
(2) all law enforcement agencies to which the person who
made the notification concerning the missing endangered
senior requests the report be sent, if the law enforcement
agency determines that the request is reasonable in light of
the information received;
(3) all law enforcement agencies that request a copy of the
report;
(4) the Indiana clearinghouse for information on missing
children established under IC 10-13-5;
(5) the Indiana data and communication system (IDACS); and
(6) the National Crime Information Center's Missing Person
File, if appropriate.
Sec. 4. A law enforcement agency shall begin an investigation
concerning the missing endangered senior not later than
twenty-four (24) hours after receiving notification of a missing
endangered senior.