Bill Text: HI SB2486 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Missing Persons.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2024-02-02 - The committee on HHS deferred the measure. [SB2486 Detail]

Download: Hawaii-2024-SB2486-Introduced.html

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THE SENATE	S.B. NO.	2486
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to missing persons.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the State must protect adults with cognitive impairments or developmental disabilities who are reported missing.  More than half of the states in the United States of America have established "silver alert" programs modeled after America's Missing: Broadcast Emergency Response (AMBER) alert programs, which are now in fifty states.  Since its inception in 2005, the Hawaii Minor Abducted in Life-threatening Emergency/AMerica's Broadcast Emergency Response (MAILE AMBER) Alert has been activated in two abductions, leading to successful reunions with their respective families.

     The legislature further finds that broadcasters use the Emergency Alert System (EAS) to air a description of the abducted child and suspected abductor – the same concept used during severe weather emergencies.  There have been instances where the EAS was used to notify the public of a missing, vulnerable adult who was in immediate danger of serious bodily injury or death.  For an individual with dementia who is missing, the alert is activated to notify first responders and law enforcement officers.  This is critical as half of those individuals with dementia who are not found within twenty-four hours are likely to suffer serious injury or death.  There are countless examples of emergency situations in which the EAS could save lives, such as individuals with a developmental disability, or a missing adult incapable of making decisions independently.  However, there is no statutory process that requires its use.

     Accordingly, the purpose of this Act is to establish a silver alert program to alert the public of missing adults with a developmental disability or cognitive impairment that causes a credible threat to the health and safety of themselves or others.

     SECTION 2.  Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§353C-    Silver alert program; missing persons.  (a)  If a person is reported missing to a law enforcement agency and the agency determines that the requirements of subsection (b) are met, the agency may request the department to activate a silver alert.  If the department determines that the requirements of subsection (b) are met, the department shall activate a silver alert within the geographical area requested by the investigating law enforcement agency.

     (b)  A law enforcement agency may request the department to activate a silver alert if the agency determines that:

     (1)  The missing person is:

          (A)  Eighteen years of age or older;

          (B)  Developmentally disabled or cognitively impaired; and

          (C)  Someone whose disappearance poses a credible threat to the health and safety of the missing person or others;

     (2)  The investigating law enforcement agency has utilized all available local resources;

     (3)  The person has gone missing under unexplained or suspicious circumstances;

     (4)  The person is likely in danger because of:

          (A)  Age;

          (B)  Health;

          (C)  Mental or physical disability;

          (D)  Environment or weather conditions;

          (E)  Being in the company of a potentially dangerous person; or

          (F)  Other factors indicating that the person may be in danger; and

     (5)  There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

     (c)  Upon activation of a silver alert, the department may use a changeable message sign if both of the following conditions are met:

     (1)  A law enforcement agency determines that a vehicle may be involved in the missing person incident; and

     (2)  Specific vehicle identification is available for public dissemination.

     (d)  The department may request radio, television, and cable and satellite systems to cooperate with the department in disseminating the information contained in a silver alert.

     (e)  As used in this section:

     "Cognitively impaired" means affected by a cognitive impairment requiring substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or another person.

     "Developmentally disabled" means affected by one or more developmental disabilities as defined under section 333F-1.

     "Silver alert" means a notification system designed to issue and coordinate alerts with respect to a missing person who is eighteen years of age or older with a developmental disability or cognitive impairment whose disappearance poses a credible threat to the health and safety of the missing person or others."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

Department of Law Enforcement; Silver Alert; Missing Persons

 

Description:

Establishes a silver alert program within the Department of Law Enforcement to help locate and safeguard missing vulnerable adults with developmental disabilities or mental impairments who pose a credible threat to the health and safety to themselves or others.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.