Amendment vs bill Senate Committee Amendment, #651, H&W, Draft vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Regular Session ENROLLED SENATE BILL NO.
SCASB34 3005 651 SENATE COMMITTEE AMENDMENTS Regular Session AmendmentsproposedbySenateCommitteeonHealthandWelfareto OriginalSenateBill No.
34 BYSENATORSMCMATH,BARTHELEMY,BOUDREAUX,CARTER,FESI,HARRIS, HENRY, HENSGENS, JACKSON-ANDREWS, JENKINS, KLEINPETER, LUNEAU, MILLER, OWEN, PRICE, SELDERS, STINE AND WOMACK AND REPRESENTATIVES ADAMS, AMEDEE,BACALA,BERAULT,BILLINGS,BOUDREAUX,BOYD, BRASS, BRAUD, BROUSSARD, BRYANT, BUTLER, WILFORD CARTER, CARVER, CHENEVERT, DEWITT, DICKERSON, DOMANGUE,ECHOLS,EDMONSTON,EGAN,FIRMENT,FISHER, FREEMAN, FREIBERG, GALLE, HEBERT, HILFERTY, HORTON, JORDAN, KNOX, LACOMBE, LAFLEUR, JACOB LANDRY, MANDIE LANDRY, TERRY LANDRY, LARVADAIN, LYONS, MACK, MARTINEZ, MENA, MURRAY, NEWELL, ORGERON, OWEN, PHELPS, SAWYER, SCHAMERHORN, SPELL, TAYLOR, VENTRELLA, WILEY, WYBLE AND ZERINGUE AN ACT To enact R.S.
34 by Senator McMath AMENDMENT NO.
40:2522, relative to missing person alerts;
1 On page 1, line 3, after "alerts;" insert "to provide for alerts for adults and children with disabilities;" AMENDMENT NO.
to provide for criteria for issuing alerts;
2 On page 1, line 8, after "alerts" insert ";
to provide for alerts for adults and children with disabilities;
adults and children with disabilities" AMENDMENT NO.
to provide for responsibilities of local law enforcement and state police;
3 On page 1, between lines 15 and 16 insert the following:
to provide for training;
"C.
to provide for immunity;
to provide for an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
40:2522 is hereby enacted to read as follows:
§2522.
Missing person alerts;
adults and children with disabilities A.
An AMBER Alert shall be activated for abduction cases involving children seventeen years of age or under when the circumstances indicate the child is in danger of serious bodily harm or death and there is sufficient descriptive information about the child, abductor, or suspect's vehicle.
B.
If a case involving a missing child does not meet AMBER Alert criteria, a Level II Endangered Missing Child Advisory may be issued by the Page 1 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
34 ENROLLED office of state police.
C.
(3) Believed to be diagnosed with any of the following:
(3) Believed to be suffering from any of the following:
(b)Anirreversibledeteriorationofintellectualfacultiesthatmakesthem unable to meet their own needs or to seek help without assistance.
(b)Anirreversibledeteriorationofintellectualfacultiesthatmakesthemunable to meet their own needs or to seek help without assistance.
40:2530.1 et seq., a Silver Alert shall be identified as a "Bryan's Call" if the missing person is:
40:2030.1 et seq., a Silver Alert may be issued for missing persons aged eighteen and older who are believed to be suffering from a developmental or cognitive impairment, including Alzheimer's Disease, Dementia, ASD, TBI, or an irreversible deterioration of intellectual faculties that makes them unable to meet their own needs or to seek help without assistance, and that is not a risk to the general public." AMENDMENT NO.
(1) Aged eighteen or older.
4 On page 1, line 16, delete "C." and insert the following:
(2) Not a risk to the general public.
"E.
(3) Believed to be diagnosed with any of the following:
A local law enforcement agency with the capability to issue an alert shall issue one immediately upon receipt of a report of a missing person or child provided for in Subsection C or D of this Section.
(a) A developmental or cognitive impairment, including but not limited to autism spectrum disorder (ASD), traumatic brain injury (TBI), Down syndrome, or Sanfilippo syndrome.
If the local law enforcement agency does not have the capability to issue an alert, the agency shall immediately contact state police to issue the alert." AMENDMENT NO.
(b)Anirreversibledeteriorationofintellectualfacultiesthatmakesthem unable to meet their own needs or to seek help without assistance.
5 On page 2, between lines 2 and 3, insert the following:
E.
"F.
A local law enforcement agency with the capability to issue an alert shallissueoneimmediatelyuponreceiptofareportofamissingpersonorchild provided for in Subsection C or D of this Section.
If state police receives a request that involves a missing person or child providedforinSubsectionCorDofthisSection,andthetimeofthereceiptisnomore than seventy-two hours since the person or child went missing, state police shall issue analertprovidingrapiddisseminationofinformationusingawirelessemergencyalert either statewide or locally regarding the missing person or child.
If the local law enforcement agency does not have the capability to issue an alert, the agency shall immediately contact the office of state police to issue the alert.
The office of state police shall make every effort to disseminate the information as quickly as possible when a person's or child's status as missing has been reported to a local law enforcement agency." Page 1 of 2 SCASB34 3005 651 AMENDMENT NO.
Local law enforcement shall make a reasonable effort to determine whether the appropriatealerttypeisanAMBERAlert,LevelIIEndangeredMissingChild Advisory,orSilverAlert.However,theofficeofstatepoliceshallmakethefinal Page 2 of 4 Coding:
6 On page 2, line 3, change "D." to "G." AMENDMENT NO.
Words which are struck through are deletions from existing law;
7 Onpage2,line4,after"missing"deletetheremainderofthelineanddeleteline5andinsert "persons or children, whether the case involves an abduction, child endangerment, or individuals with cognitive disabilities, including the utilization of" AMENDMENT NO.
words in boldface type and underscored are additions.
8 On page 2, line 7, change "E." to "H." AMENDMENT NO.
SB NO.
9 On page 2, delete line 19 Page 2 of 2
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34 ENROLLED determination of the appropriate alert type.
F.Ifstatepolicereceivesarequestthatinvolvesamissingpersonorchild provided for in Subsection C or D of this Section, and the time of the receipt is no more than seventy-two hours since the person or child went missing, the office of state police shall issue an alert providing rapid dissemination of information using a wireless emergency alert either statewide or locally regardingthemissingpersonorchild.Theofficeofstatepoliceshallmakeevery effort to disseminate the information as quickly as possible when a person's or child's status as missing has been reported to a local law enforcement agency.
G.
The office of state police shall make training available to first responders, upon request, on responses to reports of missing persons or children, whether the case involves an abduction, child endangerment, or individualswithcognitiveordevelopmentaldisabilities,includingtheutilization of applicable alert systems.
H.(1)Anystatepoliceofficer,membersofotherlawenforcemententities, radio or television broadcasters, or cable television operators, who transmit or display, or who fail to transmit or display such information concerning a missing child, and other entities who may become an active component of this effort, shall not be liable for any civil damages or criminal penalties as a result of any acts or omissions relative to the Level II Endangered Missing Child Advisory.
(2) Any state police officer, members of other law enforcement entities, radio or television broadcasters, or cable television operators, who transmit or display, or who fail to transmit or display such information concerning a missingperson,andotherentitieswhomaybecomeanactivecomponentofthis effort, shall not be liable for any civil damages or criminal penalties as a result of any acts or omissions relative to the identification of the alert as a "Bryan's Call".
Section 2.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature Page 3 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
34 ENROLLED by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 4 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.