House File 369 - Introduced HOUSE FILE BY UPMEYER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act creating a silver alert program within the department of 2 public safety for missing cognitively impaired persons. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2262HH 83 5 jm/nh/8 PAG LIN 1 1 Section 1. NEW SECTION. 80G.1 SILVER ALERT PROGRAM == 1 2 CREATION. 1 3 A silver alert program is created as a cooperative effort 1 4 between the department of public safety and local law 1 5 enforcement agencies to aid in the identification and location 1 6 of cognitively impaired persons who are missing. 1 7 Sec. 2. NEW SECTION. 80G.2 DEFINITIONS. 1 8 As used in this chapter, the following definitions apply: 1 9 1. "Cognitively impaired person" means a person sixty=five 1 10 years of age or older who is deficient in short=term or 1 11 long=term memory; orientation as to person, place, and time; 1 12 deductive or abstract reasoning; or judgment as it relates to 1 13 safety awareness. 1 14 2. "Department" means the department of public safety. 1 15 Sec. 3. NEW SECTION. 80G.3 CRITERIA. 1 16 A silver alert shall be issued by Iowa state patrol 1 17 communications upon receipt of a request from a law 1 18 enforcement agency if the following criteria apply: 1 19 1. The law enforcement agency has confirmed that a 1 20 cognitively impaired person has been missing for less than 1 21 seventy=two hours and an entry has been made into the Iowa 1 22 online articles and warrants system identifying the person as 1 23 missing. The law enforcement agency shall submit to the 1 24 department sufficient information to confirm the person is 1 25 missing on a form prescribed by the department prior to a 1 26 silver alert being transmitted. 1 27 2. The law enforcement agency believes the circumstances 1 28 surrounding the disappearance indicate the person is in danger 1 29 of serious injury or death. 1 30 3. There is enough descriptive information about the 1 31 disappearance to ensure that an immediate broadcast of the 1 32 information will aid in the discovery of the person. 1 33 Sec. 4. NEW SECTION. 80G.4 ACTIVATION AND TERMINATION. 1 34 1. Upon establishment of the silver alert criteria in 1 35 section 80G.3, the department shall transmit a silver alert 2 1 through the emergency alert system to Iowa broadcasters. 2 2 2. Upon the transmission of a silver alert the department 2 3 shall post the alert on an internet website accessible by the 2 4 public. 2 5 3. After an initial silver alert transmission, additional 2 6 information may be submitted by the participating law 2 7 enforcement agency by facsimile transmission, electronic mail, 2 8 or telephonic means. 2 9 4. The communications officer of the state patrol may 2 10 direct the transmission of an Iowa silver alert upon request 2 11 from another state, provided that there is evidence the person 2 12 may be present in Iowa. 2 13 5. A silver alert shall terminate if the person is located 2 14 or five hours have elapsed since the transmission of the 2 15 alert. 2 16 6. A silver alert may be renewed. 2 17 Sec. 5. NEW SECTION. 80G.5 RULES. 2 18 The department shall adopt rules pursuant to chapter 17A to 2 19 implement this chapter. 2 20 EXPLANATION 2 21 This bill creates a silver alert program within the 2 22 department of public safety. 2 23 The bill provides that the purpose of the program is to aid 2 24 in the identification and location of cognitively impaired 2 25 persons who are missing. 2 26 The bill defines "cognitively impaired person" to mean a 2 27 person 65 years of age or older who is deficient in short=term 2 28 or long=term memory; orientation as to person, place, and 2 29 time; deductive or abstract reasoning; or judgment as it 2 30 relates to safety awareness. 2 31 Under the bill, a silver alert shall be issued by the 2 32 department of public safety if the following apply; a law 2 33 enforcement agency has confirmed that a cognitively impaired 2 34 person has been missing for less than 72 hours and an entry 2 35 has been made into the Iowa online articles and warrants 3 1 system; the law enforcement agency believes the circumstances 3 2 surrounding the disappearance indicate the person is in danger 3 3 of serious injury or death; and there is enough descriptive 3 4 information about the disappearance to ensure an immediate 3 5 broadcast of the information will aid in the discovery of the 3 6 person. 3 7 If the criteria for issuing a silver alert have been 3 8 established, the department of public safety shall transmit a 3 9 silver alert through the emergency alert system to Iowa 3 10 broadcasters. Upon the transmission of the silver alert the 3 11 department shall also post the alert on an internet website. 3 12 The bill provides that a silver alert shall be terminated 3 13 when the person is located or five hours after transmission of 3 14 the alert. 3 15 The bill also provides a silver alert may be renewed. 3 16 LSB 2262HH 83 3 17 jm/nh/8