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