HB 359 — Regards emergency Joshua Alert system for certain missing kids

As(136th PassedGeneralAssembly) by(Amended House Bill Number 359) ANACT To amend section 5502.522 of the HouseRevised 136thCode Generalto Assemblyclarify Regularthe Sessionstatewide Am.emergency alert system in cases of missing autistic or developmentally disabled children and to name the alert the JoshuaAlert.

H.Be it enacted by the General Assembly of the State of Ohio:

B.SECTION 1.

No.That section 5502.522 of the Revised Code be amended to read as follows:

359Sec. 2025-2026 Representatives Thomas, C., Gross Cosponsors:

Representatives Odioso, Lett, Deeter, Click, White, E., Brennan, Denson, Upchurch, Johnson, Russo, Synenberg, Salvo, Mohamed, Lorenz, Newman, Schmidt, Fischer, Lear, Brownlee, Bryant Bailey, Fowler Arthur, Abdullahi, Abrams, Baker, Barhorst, Bird, Brent, Brewer, Claggett, Creech, Daniels, Dovilla, Ghanbari, Glassburn, Grim, Hall, D., Hall, T., Hoops, Humphrey, Isaacsohn, Jarrells, John, King, Kishman, Klopfenstein, LaRe, Lawson-Rowe, Manning, Mathews, A., Mathews, T., Miller, J., Miller, M., Oelslager, Peterson, Piccolantonio, Plummer, Rader, Ray, Richardson, Robb Blasdel, Robinson, Rogers, Sigrist, Sims, Somani, Stephens, Swearingen, Sweeney, Teska, Thomas, D., Tims, Troy, White, A., Williams, Willis, Workman, Young A BILL To amend section 5502.522 of the Revised Code to 1 clarify the statewide emergency alert system in 2 cases of missing autistic or developmentally 3 disabled children and to name the alert the 4 Joshua Alert.

5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.

That section 5502.522 of the Revised Code be 6 amended to read as follows:

7 Sec.

(A) There is hereby created the statewide 8 emergency alert program to aid in the identification and 9 location of any individual who has a mental impairment, has 10 autism spectrum disorder or another developmental disability, or 11 is sixty-five years of age or older, who is or is believed to be 12a Am.temporary or permanent resident of this state, is at a location that cannot be determined by an individual familiar with the missing individual, and is incapable of returning to the missing individual's residence without assistance, and whose disappearance, as determined by a law enforcement agency, poses a credible threat of immediate danger of serious bodily harm or death to the missing individual.

The program shall be a coordinated effort among the governor's office, the department of public safety, the attorney general, law enforcement agencies, the state's public and commercial television and radio broadcasters, and others as determined necessary by the governor.

No name shall be given to the program created under this division that conflicts with any alert code standards that are required by federal law and that govern the naming of emergency alert programs.

(B) The statewide emergency alert program shall not be implemented unless all of the following activation criteria are met:

(1) The local investigating law enforcement agency confirms that the individual is missing.

(2) The individual meets at least one of the following criteria:

(a) Is sixty-five years of age or older;

(b) Has a mental impairment;

(c) Has either autism spectrum disorder or another developmental disability.

(3)(3)(a) The disappearance of the individual poses a credible threat of immediate danger of serious bodily harm or death to the individual.

(b) A credible threat of immediate danger includes situations in which the missing individual is nonverbal, has limited communication ability, or otherwise lacks the capacity to seek help or ensure the missing individual's own safety.

(4) There is sufficient descriptive information about the individual and the circumstances surrounding the individual's disappearance to indicate that activation of the alert will help locate the individual.

Am.

359 Page136th 2G.A. As Passed by the House a temporary or permanent resident of this state, is at a 13 location that cannot be determined by an individual familiar 14 with the missing individual, and is incapable of returning to 15 the missing individual's residence without assistance, and whose 16 disappearance, as determined by a law enforcement agency, poses 17 a credible threat of immediate danger of serious bodily harm or 18 death to the missing individual.

The(C) programNothing shallin bedivision a(B) 19of coordinatedthis effortsection amongprevents the governor'sactivation office,of thea departmentlocal 20or ofregional publicemergency safety,alert theprogram attorneythat general,may lawimpose enforcementdifferent 21criteria agencies,for the state'sactivation publicof anda commerciallocal televisionor andregional radioplan. 22 broadcasters, and others as determined necessary by the 23 governor.

No(D) nameAny shallradio bebroadcast givenstation, totelevision broadcast station, or cable system participating in the statewide emergency alert program createdor underin 24any thislocal divisionor thatregional conflictsemergency withalert program, and any director, officer, employee, or agent of any station or system participating in either type of alert codeprogram, standardsshall thatnot 25be areliable requiredto any person for damages for any loss allegedly caused by federalor lawresulting andfrom thatthe governstation's or system's broadcast or cablecast of, or failure to broadcast or cablecast, any information pursuant to the namingstatewide ofemergency 26alert program or the local or regional emergency alert programs.program.

27(E) (B)A The(E)(1) statewideSubject emergencyto alertdivision program(E)(2) of this section, a local investigating law enforcement agency shall not be 28required implementedto unlessnotify allthe ofstatewide emergency alert program that the followinglaw enforcement agency has received information that meets the activation criteria areset 29forth met:in division (B) of this section during the first twenty-four hours after the law enforcement agency receives the information.

30(2) (1)If Thethe missing individual under division (B) of this section is under eighteen years of age and has either autism spectrum disorder or another developmental disability, the local investigating law enforcement agency 31shall confirmsnotify the statewide emergency alert program that the individuallaw isenforcement missing.agency has received information that meets the activation criteria set forth in that division as soon as that information has been verified.

32(F) (2)Nothing Thein individualthis meetssection atshall leastbe oneconstrued to authorize the use of the followingfederal 33emergency criteria:alert system unless otherwise authorized by federal law.

34(G) (a)As Isused sixty-fivein yearsthis ofsection: age or older;

35(1) (b)"Autism Hasspectrum adisorder" mentalhas impairment;the same meaning as in section 1751.84 of the Revised Code.

36(2) (c)"Cable Hassystem" eitherhas autismthe spectrumsame disordermeaning oras anotherin 37section developmental2913.04 disability.of the Revised Code.

38(3) (3)(3)(a)"Developmental Thedisability" disappearancehas of the individualsame posesmeaning aas 39in crediblesection threat5123.01 of immediate danger of serious bodily harm or 40 death to the individual.Revised Code.

41(4) Am."Law enforcement agency" includes, but is not limited to, a county sheriff's office, the office of a village marshal, a police department of a municipal corporation, a police force of a regional transit authority, a police force of a metropolitan housing authority, the state highway patrol, a state university law enforcement agency, the office of a township police constable, and the police department of a township or joint police district.

(5) "Mental impairment" means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as certified by a licensed physician, psychiatrist, or psychologist.

SECTION 2.

That existing section 5502.522 of the Revised Code is hereby repealed.

Am.

359 Page136th 3G.A. As Passed by the House (b) A credible threat of immediate danger includes 42 situations in which the missing individual is nonverbal, has 43 limited communication ability, or otherwise lacks the capacity 44 to seek help or ensure the missing individual's own safety.

45SECTION (4)3. There is sufficient descriptive information about the 46 individual and the circumstances surrounding the individual's 47 disappearance to indicate that activation of the alert will help 48 locate the individual.