SB 128 — Public Alert Amendments

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Public Alert Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

Tyler Clancy 3 LONG TITLE General Description:

▸ creates the Purple Alert Notification System, to be implemented and administered by the Department of Public Safety, to assist with locating missing and endangered vulnerable {adults } individuals in certain circumstances.

S53-10-1101, B 53-10-1101 , Utah Code Annotated 1953 153-10-1102, 53-10-1102 , Utah Code Annotated 1953 253-10-1103, SB0128 compared with SB0128S01 53-10-1103 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:

Section 153-10-1101 is enacted to read:

53-10-1101.Part 11.

Purple Alert System 53-10-1101 .

11.As used in this part:

Purple Alert System As used in this part:

{(3)S.B. } {(a) {"Dependent adult" means an individual who is:} } {(i) {18 years old but younger than 60 years old;

and}128 }Enrolled {(ii)Copy {has(3) a"Purple physicalAlert" ormeans mentalan impairmentalert thatissued restrictsunder the individual'sPurple abilityAlert toNotification carrySystem outby normal activities or to protect the individual'sdepartment rights.}for }a {(b)missing {"Dependentvulnerable adult"individual includesin anaccordance individual:}with }Section {(i)53-10-1102. {who has physical or developmental disabilities;

or}(4) } {(ii) {whose physical or mental capacity has substantially diminished because of age.} } {(c) {"Dependent adult" does not include an individual who has dementia.} } (4){(3)} "Purple Alert" means an alert issued under the Purple Alert Notification SystemSystem" bymeans the departmentsystem forcreated a missing vulnerable {adult } individual in accordance with Section 53-10-1102.

(5){(4)}(5)(a) "Purple"Vulnerable Alertadult" Notification System" means thean systemindividual createdwho: in Section 53-10-1102.

(5) (a) "Vulnerable adult" means an individual who:

and (6){(ii)}(ii) {"Vulnerable adult" means } possesses a {dependent adult who has a } physical or mental impairment, permanent or {physical impairment } temporary, that substantially affects the individual's ability to:

(a){(A)}(A) provide personal protection;

(b){(B)}(B) provide necessities such as food, shelter, clothing, or medical or other {health care} healthcare;

(c){(C)}(C) obtain services necessary for health, safety, or welfare;

-(D) 2 - SB0128 compared with SB0128S01 (d){(D)} carry out the activities of daily living;orliving; (e){(E)} manage the individual's own resources{;

or}or .(E) manage the individual's own resources.

{(f) {comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.} } (b) "Vulnerable adult" does not include an individual who has dementia.

(7) "dividual""Vulnerable individual" means a vulnerable adult or vulnerable minor.

Section 253-10-1102 is enacted to read:

53-10-1102.53-10-1102 .

(1) There is created the Purple Alert Notification System for missing vulnerable {adults } individuals to be administered by the department to issue and coordinate alerts following the report of a missing vulnerable {adult} individual.

{(2)(2) } {(a) {If a law enforcement agency receives a report of a missing adult, the law enforcement agency shall determine whether the missing adult is a vulnerable adult.} } (b){(2)} If {the } a law enforcement agency {determines that the missing adult is } receives a {vulnerable adult} report of a missing individual, the law enforcement agency {shall } may request that the department {to } activate a Purple Alert{.}Alert for the individual if the law enforcement agency determines that:

{(3) {The department may only activate a Purple Alert after receiving a request under Subsection (2)(b) if:} } (a) the missing individual is a vulnerable individual;

(a){(b)}(b) the {department determines that the } Purple Alert is a viable means by which the missing vulnerable {adult } individual is likely to be returned to safety;andsafety; (b){(c)} there is sufficient descriptive information about the missing vulnerable {adult } individual and the circumstances surrounding the vulnerable {adult's } individual's disappearance to indicate that activating the alert is likely to help locate the vulnerable {adult;} individual.

(3)and The(c) departmentthere shallis activatesufficient adescriptive Purpleinformation Alertabout afterthe receivingmissing avulnerable requestindividual underand Subsectionthe (2)circumstances if:surrounding the vulnerable individual's disappearance to indicate that activating the alert is likely to help locate the vulnerable individual.

-(3) 3The -department SB0128shall comparedactivate with SB0128S01 (c){(a)} {there } in the case of a missingPurple vulnerableAlert individualafter whoreceiving is a {crediblerequest threat of immediate danger or serious bodily harm to the } vulnerable {adult or } minor, the criteria for the activation of the {public} Amber Alert System under SectionSubsection 53-10-1002- has2 not- beenEnrolled met;Copy S.B.

and128 (d){(b)}(2) theif: Purple Alert meets any additional requirements established by the department for activation of a Purple Alert under Section 53-10-1103.

(4) (a) Thein Purplethe Alertcase Notificationof a missing vulnerable individual who is a vulnerable minor, the criteria for the activation of the Amber Alert System shall:under Section 53-10-1002 has not been met;