SB 108 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE GOLD ALERT PROGRAM FOR CERTAIN MISSING PERSONS.

Whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law enforcement agency.

(6) “Missing suicidal person” means a person who is all of the following:

a.

Whose whereabouts are unknown;

unknown.

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05/04/2023 12:19 PM b.

Whose domicile at the time that the person is reported missing is Delaware;

Delaware.

c.

Whose disappearance is voluntary;

and voluntary.

d.

Whose statement, actions, or conduct indicate that the missing person may voluntarily cause or inflict harm on himself of herself themselves, and whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law enforcement agency.

(7) “Missing unemancipated minor” means a person who is all of the following:

a.

Whose whereabouts are unknown.

b.

Whose domicile at the time that the person is reported missing is Delaware.

c.

Who is a minor who has not married, and who resides with a parent or other legal guardian.

d.

Whose disappearance does not meet the criteria for an Amber Alert but does pose a credible threat to the health and safety of the person, as determined by the investigating law-enforcement agency.

Section 2.

Amend § 8581, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(a) Each investigating law-enforcement agency shall implement an alert program, consistent with the ACIM Alert Program, for missing senior citizens, missing suicidal persons, and persons, missing persons with disabilities, and missing unemancipated minors, and may promulgate necessary rules and regulations for the program.

The rules and regulations shall include the following:

(1) Procedures for the use of the Delaware Information Analysis Center (DIAC) (“DIAC”) to provide support to the investigating law-enforcement agency as a resource for the receipt, analysis, and dissemination of information regarding the missing person and the missing person’s whereabouts;

whereabouts.

(2) Procedures for the investigating law-enforcement agency to use to verify whether a senior citizen, a suicidal person, or person, a person with a disability disability, or a missing unemancipated minor is missing and the circumstances under which the agency must enter descriptive information of the missing person into the Delaware Criminal Justice Information System (DELJIS) (“DELJIS”) and the National Crime Information Center (NCIC) (“NCIC”) system.

The investigating law-enforcement agency shall further notify the Delaware Information Analysis Center (DIAC), DIAC, who shall make all the necessary notifications and assist the investigating law-enforcement agency;

and agency.

(3) The process for reporting the information to designated media outlets in Delaware.

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05/04/2023 12:19 PM (b) The Delaware State Police shall adopt rules and regulations for the use of the DIAC to assist investigating law- enforcement agencies during their investigations as a resource for the receipt, analysis, and dissemination of information to those agencies that have a need and right to know about the missing person.

Section 3.

Amend § 8582, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(a) When a law-enforcement agency receives notice that a senior citizen, a suicidal person, or person, a person with a disability disability, or a missing unemancipated minor is missing, the agency shall solicit information from the missing person’s family or legal guardian to provide information regarding the missing person’s physical or mental condition, or both.

When the investigating law-enforcement agency verifies that the person is missing, the investigating law-enforcement agency shall enter the descriptive information of the missing person into the Delaware Criminal Justice Information System (DELJIS) DELJIS and the National Crime Information Center (NCIC) NCIC system.

The investigating law-enforcement agency shall further notify the Delaware Information Analysis Center (DIAC) DIAC, who shall make all the necessary notifications and assist the investigating law-enforcement agency.

(b) When an investigating law-enforcement agency has verified that a senior citizen, a suicidal person, or person, a person with a disability disability, or a missing unemancipated minor is missing, the investigating law-enforcement agency shall send an alert to designated media outlets in Delaware.

The alert must include all appropriate information that may assist in the safe return of the missing senior citizen, suicidal person, or person, person with a disability disability, or a missing unemancipated minor along with a statement instructing anyone with information relating to the missing person to contact the investigating law-enforcement agency or a law-enforcement agency within their jurisdiction.

Additionally, when an investigating law-enforcement agency has verified that a senior citizen, a suicidal person, or person, a person with a disability disability, or a missing unemancipated minor is missing, the investigating law-enforcement agency shall contact the Department of Transportation.

The Department of Transportation shall adopt rules and regulations for the display on its variable message signs of appropriate information that may assist in the safe return of the missing senior citizen, suicidal person, or person, person with a disability disability, or a missing unemancipated minor consistent with the Manual on Uniform Traffic Control Devices and federal requirements.

Section 4.

Amend § 8583, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(b) A law-enforcement agency that locates a missing person who is the subject of a Gold Alert shall notify DELJIS, NCIC, and the DIAC DIAC as soon as possible that the missing person has been located.

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05/04/2023 12:19 PM SYNOPSIS This Act revises the State's Gold Alert Program to include missing children and increase dissemination of information to the public to better assist the State's search efforts.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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