Citations Affected: IC 10-1; IC 34-30.
Synopsis: Immunity for Amber alert broadcasters. Provides civil
immunity for a broadcaster that participates in the Amber alert program
and broadcasts the contents of an Amber alert notification it has
received from the state police. Grants civil immunity to a person who
enters into an agreement with the state police to establish or maintain
an Amber alert web site if the agreement provides that only the state
police may place information on the web site. Makes a conforming
amendment.
Effective: Upon passage.
January 9, 2003, read first time and referred to Committee on Criminal, Civil and Public
Policy.
January 28, 2003, reported favorably _ Do Pass.
February 3, 2003, read second time, amended, ordered engrossed.
February 4, 2003, engrossed.
February 6, 2003, read third time, passed. Yeas 50, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning state
police, civil defense and military affairs.
SECTION 1. IC 10-1-7-5.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.7. (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 contained in the
notification; and
(B) other information contained in the notification that will
assist in locating the child;
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.
SECTION 2. IC 34-30-2-35.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 35.7. IC 10-1-7-5.7
(Concerning a broadcaster who broadcasts an Amber alert
notification, and a person who establishes or maintains an Amber
alert web site under an agreement with the state police
department).
SECTION 3. An emergency is declared for this act.