House File 2370 - Introduced HOUSE FILE 2370 BY GEARHART , DETERMANN , BARKER , GUSTOFF , STONE , BODEN , ANDREWS , YOUNG , RINKER , McBURNEY , WILBURN , R. JOHNSON , B. MEYER , and HOLT A BILL FOR An Act relating to a green alert system for missing at-risk 1 veterans, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5872YH (4) 91 sc/ns

H.F. 2370 Section 1. NEW SECTION . 35E.1 Definitions. 1 For purposes of this chapter, unless the context otherwise 2 requires: 3 1. “At-risk veteran” means a veteran who is reported missing 4 under circumstances indicating the veteran may be experiencing 5 a mental health crisis, emotional distress, cognitive 6 impairment, substance-related impairment, or other condition 7 creating a credible concern for the veteran’s well-being. 8 2. “Department” means the department of public safety. 9 3. “Green alert” means a confidential, nonpublic 10 notification to facilitate professional coordination for the 11 safe location and voluntary assistance of a missing at-risk 12 veteran. 13 4. “Veteran” means an individual who served in the armed 14 forces of the United States and who was discharged or released 15 under conditions other than dishonorable. 16 Sec. 2. NEW SECTION . 35E.2 Green alert system. 17 1. The department shall establish and administer a green 18 alert system to support wellness-oriented location efforts for 19 missing at-risk veterans. 20 2. A green alert shall be activated if all of the following 21 conditions are met: 22 a. A veteran is reported missing. 23 b. The person requesting a green alert provides specific 24 facts indicating a potential threat to the veteran’s 25 well-being. 26 c. The department receives the name, contact information, 27 and relationship to the veteran of the person requesting a 28 green alert. 29 d. A peace officer or designated public safety official 30 independently verifies the credibility of the report and 31 determines that activation of a green alert is appropriate. 32 3. The verifying officer or official shall document the 33 basis for activating a green alert. 34 4. The department shall review the status of the green 35 -1- LSB 5872YH (4) 91 sc/ns 1/ 5

H.F. 2370 alert every seventy-two hours and terminate the green alert 1 immediately upon verification that the at-risk veteran has been 2 located or the risk has passed. 3 5. A person who knowingly submits a false report under this 4 section violates section 718.6. 5 Sec. 3. NEW SECTION . 35E.3 Confidentiality. 6 1. The department shall not disseminate a green alert to 7 the general public and shall not utilize an emergency broadcast 8 system, wireless emergency alert, highway message sign, social 9 media, or other publicly accessible notification method. 10 2. The department shall only disseminate information 11 related to an active green alert to the following entities: 12 a. A law enforcement agency. 13 b. A hospital or urgent care facility. 14 c. Emergency medical services. 15 d. A community mental health provider or crisis response 16 team. 17 e. A veterans service organization or veteran peer support 18 program approved by the department. 19 f. A professional service entity reasonably believed to be 20 able to assist in locating or supporting the at-risk veteran. 21 3. The department shall only disseminate information 22 reasonably necessary for identification of and voluntary 23 contact with an at-risk veteran. 24 Sec. 4. NEW SECTION . 35E.4 Green alert response. 25 1. A response associated with a green alert must prioritize 26 de-escalation, voluntary engagement, and trauma-informed 27 practices. 28 2. An agency responding to a green alert shall, when 29 feasible, involve a crisis intervention team, veteran peer 30 support specialist, or mental health professional trained to 31 work with veterans. 32 3. Veteran status, mental health history, or 33 service-related trauma shall not be presumed to indicate 34 dangerousness. 35 -2- LSB 5872YH (4) 91 sc/ns 2/ 5

H.F. 2370 Sec. 5. NEW SECTION . 35E.5 Prohibited uses. 1 Activation of a green alert does not create probable cause or 2 reasonable suspicion of criminal activity and shall not be used 3 to do any of the following: 4 1. Initiate an arrest absent independent probable cause. 5 2. Conduct a warrantless detention. 6 3. Justify involuntary commitment. 7 4. Circumvent constitutional protections or statutory due 8 process requirements. 9 Sec. 6. NEW SECTION . 35E.6 Priority. 10 The green alert system must operate independently from 11 public emergency alert channels. Activation of a green 12 alert shall not delay or interfere with the prioritization 13 of a public emergency alert related to child abduction or an 14 imminent threat to the public. 15 Sec. 7. NEW SECTION . 35E.7 Data collection. 16 1. The department shall maintain annual statistics on the 17 green alert system, including the number of alerts issued, 18 the resolution of alerts, and verified false reports, while 19 ensuring all personally identifiable information is protected. 20 2. The department shall not publicly release personally 21 identifiable information related to a green alert unless the 22 veteran or the veteran’s legal representative affirmatively 23 consents to the release of the information. 24 Sec. 8. NEW SECTION . 35E.8 Rules. 25 The department may adopt rules pursuant to chapter 17A as 26 necessary to administer this chapter. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill requires the department of public safety 31 (department) to establish a nonpublic green alert system 32 to facilitate professional coordination for the location 33 and assistance of a missing at-risk veteran. A green alert 34 shall be activated if a veteran is reported missing under 35 -3- LSB 5872YH (4) 91 sc/ns 3/ 5

H.F. 2370 circumstances suggesting that the veteran is at risk by a 1 person who provides adequate personal contact information 2 and the report of the at-risk veteran is verified by a peace 3 officer or public safety official. The officer or official 4 must document the basis for activating the green alert. A 5 green alert must be reviewed every 72 hours and terminated upon 6 verification that the veteran has been located or the risk has 7 passed. 8 The bill provides that knowingly submitting a false report 9 to the green alert system is a violation of Code section 10 718.6 (false reports to or communications with public safety 11 entities), a simple misdemeanor. A simple misdemeanor is 12 punishable by confinement for no more than 30 days and a fine 13 of at least $105 but not more than $855. 14 The bill prohibits the department from disseminating a green 15 alert to the general public or using a publicly accessible 16 notification method. Information related to an active green 17 alert may only be disseminated to the entities listed in the 18 bill. 19 The bill requires a response for a green alert to prioritize 20 de-escalation, voluntary engagement, and trauma-informed 21 practices, and prohibits the green alert from being used to 22 initiate an arrest absent independent probable cause, conduct 23 a warrantless detention, justify involuntary commitment, or 24 circumvent constitutional protections or statutory due process 25 requirements. 26 The bill provides that the green alert system must operate 27 independently from public emergency alert channels and must 28 not delay or interfere with the prioritization of a public 29 emergency alert related to child abduction or an imminent 30 threat to the public. 31 The bill requires the department to maintain annual 32 statistics on the green alert system, while ensuring all 33 personally identifiable information is protected. Personally 34 identifiable information related to a green alert shall not be 35 -4- LSB 5872YH (4) 91 sc/ns 4/ 5

H.F. 2370 publicly released without the consent of the veteran or the 1 veteran’s legal representative. 2 -5- LSB 5872YH (4) 91 sc/ns 5/ 5