House File 369 - Introduced

HOUSE FILE  	 BY	UPMEYER

Passed House, Date			Passed Senate,	Date  	 Vote:	Ayes	Nays				Vote:	Ayes		Nays  	 
Approved  	

A BILL FOR

An Act creating a silver alert program within the department of
public safety for missing cognitively impaired persons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2262HH 83
jm/nh/8

PAG LIN

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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	7	Sec. 2.	NEW SECTION.	80G.2	DEFINITIONS.		
1	8	As used in this chapter, the following definitions	apply:	

1	6 of cognitively impaired persons who are missing.

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
35 section 80G.3, the department shall transmit a silver alert
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
35 has been made into the Iowa online articles and warrants
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
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