Struck = removed from the bill ·
added = the amendment's new text.
SFASB34 3005 2136 SENATE FLOOR AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLby NO.Senator McMath to Engrossed Senate Bill 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;15, after "issued by" insert "the office of" AMENDMENT NO.
to2 provideOn forpage criteria2, forline issuing4, alerts;change "suffering from" to "diagnosed with" AMENDMENT NO.
to3 provideOn forpage alerts2, fordelete adultslines 10 through 16 and childreninsert withthe disabilities;following:
to"D.InadditiontotheproceduresestablishedpursuanttoR.S.40:2530.1etseq., providea forSilver responsibilitiesAlert ofshall localbe lawidentified enforcementas anda state"Bryan's police;Call" if the missing person is:
to 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.
A Level II Endangered Missing Child Advisory shall be identified as "Bryan's Call" if the missing child is:
(1) Aged seventeen or younger.
(2) Not a risk to the general public.
(3) Believed to be diagnosed with any of the following:
(a) A developmental or cognitive impairment, including but not limited to autism spectrum disorder (ASD), traumatic brain injury (TBI), Down syndrome, or Sanfilippo syndrome.
(b)Anirreversibledeteriorationofintellectualfacultiesthatmakesthem unable to meet their own needs or to seek help without assistance.
D.
In addition to the procedures established pursuant to R.S.
40:2530.1 et seq., a Silver Alert shall be identified as a "Bryan's Call" if the missing person is:
(b)Anirreversibledeteriorationofintellectualfacultiesthatmakesthem(b)Anirreversibledeteriorationofintellectualfacultiesthatmakesthemunable unable to meet their own needs or to seek help without assistance.assistance." AMENDMENT NO.
E.4 On page 2, line 21, after "contact" insert "the office of" AMENDMENT NO.
A5 localOn lawpage enforcement2, agencyline with24, theafter capability"However," toinsert issue"the anoffice alertof" shallissueoneimmediatelyuponreceiptofareportofamissingpersonorchildAMENDMENT providedNO. for in Subsection C or D of this Section.
If6 theOn localpage law2, enforcementline agency28, doesafter not"missing," haveinsert the"the capability to issue an alert, the agency shall immediately contact the office ofof" stateAMENDMENT policeNO. to issue the alert.
Local7 lawOn enforcementpage shall3, makedelete aline reasonable5 effortand toinsert determine"G. whether the appropriatealerttypeisanAMBERAlert,LevelIIEndangeredMissingChild Advisory,orSilverAlert.However,theofficeofstatepoliceshallmakethefinal Page 2 of 4 Coding:
WordsThe whichoffice areof struckstate throughpolice areshall deletionsmake fromtraining existingavailable law;to first responders, upon request," AMENDMENT NO.
words8 inOn boldfacepage type3, andline underscored6, aredelete additions."enforcement agency" AMENDMENT NO.
SB9 On page 3, line 8, after "cognitive" insert "or developmental" AMENDMENT NO.
3410 ENROLLEDOn determinationpage of3, theline appropriate9, alertafter type."H." insert "(1)" AMENDMENT NO.
F.Ifstatepolicereceivesarequestthatinvolvesamissingpersonorchild11 providedOn forpage in3, Subsectionbetween Clines or15 D of this Section, and the16, timeinsert of the receiptfollowing: 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.Page 1 of 2 SFASB34 3005 2136 "(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 missing person, and otherentitieswhomaybecomeanactivecomponentofthiseffort,shallnotbeliablefor 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"." Page 2 of 2
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.