Struck = removed from the bill ·
added = the amendment's new text.
RegularSCASB34 Session3005 ENROLLED651 SENATE BILLCOMMITTEE NO.AMENDMENTS Regular Session AmendmentsproposedbySenateCommitteeonHealthandWelfareto OriginalSenateBill No.
34 BYSENATORSMCMATH,BARTHELEMY,BOUDREAUX,CARTER,FESI,HARRIS,by HENRY,Senator HENSGENS,McMath JACKSON-ANDREWS,AMENDMENT JENKINS,NO. 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.
40:2522,1 relativeOn topage missing1, personline alerts;3, after "alerts;" insert "to provide for alerts for adults and children with disabilities;" AMENDMENT NO.
to2 provideOn forpage criteria1, forline issuing8, alerts;after "alerts" insert ";
to provide for alerts for adults and children with disabilities;disabilities" AMENDMENT NO.
to3 provideOn forpage responsibilities1, ofbetween locallines law15 enforcement and state16 police;insert the following:
to"C. provide for training;
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 diagnosedsuffering withfrom any of the following:
(b)Anirreversibledeteriorationofintellectualfacultiesthatmakesthem(b)Anirreversibledeteriorationofintellectualfacultiesthatmakesthemunable unable to meet their own needs or to seek help without assistance.
40:2530.140:2030.1 et seq., a Silver Alert shallmay be identifiedissued asfor missing persons aged eighteen and older who are believed to be suffering from a "Bryan'sdevelopmental Call"or ifcognitive 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 missinggeneral personpublic." is:AMENDMENT NO.
(1)4 AgedOn eighteenpage or1, older.line 16, delete "C." and insert the following:
(2)"E. Not a risk to the general public.
(3)A Believedlocal tolaw beenforcement diagnosedagency with anythe capability to issue an alert shall issue one immediately upon receipt of thea following:report of a missing person or child provided for in Subsection C or D of this Section.
(a)If Athe developmentallocal orlaw cognitiveenforcement impairment,agency includingdoes but not limitedhave the capability to autismissue spectruman disorderalert, (ASD),the traumaticagency brainshall injuryimmediately (TBI),contact Downstate syndrome,police orto Sanfilippoissue syndrome.the alert." AMENDMENT NO.
(b)Anirreversibledeteriorationofintellectualfacultiesthatmakesthem5 unableOn topage meet2, theirbetween ownlines needs2 orand to3, seekinsert helpthe withoutfollowing: assistance.
E."F.
AIf localstate lawpolice enforcementreceives agencya withrequest that involves a missing person or child providedforinSubsectionCorDofthisSection,andthetimeofthereceiptisnomore than seventy-two hours since the capabilityperson toor issuechild anwent alertmissing, shallissueoneimmediatelyuponreceiptofareportofamissingpersonorchildstate providedpolice forshall inissue Subsectionanalertprovidingrapiddisseminationofinformationusingawirelessemergencyalert Ceither statewide or Dlocally ofregarding thisthe Section.missing person or child.
IfThe theoffice localof lawstate enforcementpolice agencyshall doesmake notevery haveeffort to disseminate the capabilityinformation toas issuequickly anas alert,possible thewhen agencya shallperson's immediatelyor contactchild's thestatus officeas ofmissing statehas policebeen reported to issuea thelocal alert.law enforcement agency." Page 1 of 2 SCASB34 3005 651 AMENDMENT NO.
Local6 lawOn enforcementpage shall2, makeline a3, reasonablechange effort"D." to determine"G." whetherAMENDMENT theNO. appropriatealerttypeisanAMBERAlert,LevelIIEndangeredMissingChild Advisory,orSilverAlert.However,theofficeofstatepoliceshallmakethefinal Page 2 of 4 Coding:
Words7 whichOnpage2,line4,after"missing"deletetheremainderofthelineanddeleteline5andinsert are"persons struckor throughchildren, arewhether deletionsthe fromcase existinginvolves law;an abduction, child endangerment, or individuals with cognitive disabilities, including the utilization of" AMENDMENT NO.
words8 inOn boldfacepage type2, andline underscored7, arechange additions."E." to "H." AMENDMENT NO.
SB9 NO.On page 2, delete line 19 Page 2 of 2
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.