ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: TI DP 7-0-0-0 | 3rd Read 59-0-1-0

Senate: PS DP 7-0-0-0 | 3rd Read DPA 28-0-2-0

Final Read: 57-0-3-0 | Chapter: 199

HB 2281: missing indigenous person; alert system

Sponsor: Representative Martinez, LD 16

Signed by the Governor

Overview

Establishes the Turquoise Alert System (Alert System) and outlines requirements for the Arizona Department of Public Safety (DPS) to activate the emergency Alert System.

History

The silver alert notification system alerts the report of a missing person who is 65 or older or who has a developmental disability. DPS must request an activation of the emergency alert system and issue a silver alert if:

1) The missing person is 65 or older or who has a developmental disability, Alzheimer's disease or dementia;

2) The law enforcement agency investigating the missing person report has used all available local resources, has determined that the person has gone missing under unexplained or suspicious circumstances and believes that the missing person is in danger because of age, health, mental or physical disability, environment, weather conditions, that the missing person is in the company of a potentially dangerous person or that there are other factors indicating that the missing person may be in peril;

3) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person; and

4) DPS has been designated to use the federally authorized emergency alert system for the issuance of silver alerts (A.R.S. § 41-1728).

Immediately or within 24 hours after receiving a report, DPS must request the appropriate law enforcement agency to determine if the situation meets amber alert criteria or silver alert criteria. The appropriate law enforcement agency must document its response regarding amber alert or silver alert criteria (A.R.S. § 8-810).

The 2003 National Amber Alert Network Act requires the Attorney General to assign an amber alert coordinator of the Department of Justice to act as the national coordinator of the amber alert communications network regarding abducted children.

Provisions

1. Requires DPS to establish the Alert System as a quick response system designed to issue and coordinate alerts following the report of a missing person. (Sec. 1)

2. Mandates DPS to request an activation of the emergency alert system and issue a Turquoise Alert, on the request of an authorized person at a law enforcement agency that is investigating a report of a missing person, if:

a) The missing person is under 65 years of age;

b) The law enforcement agency investigating the missing person report has used all available local resources, has determined that the person has gone missing under unexplained or suspicious circumstances and believes that the missing person is in danger, is in the company of a potentially dangerous person or that there are other factors indicating that the missing person may be in peril;

c) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person; and

d) DPS has been designated to use the federally authorized emergency alert system for the issuance of Turquoise Alerts. (Sec 1)

3. Direct DPS, if it issues a Turquoise Alert, to provide the missing person alert information to any other entity that provides similar notifications in this state. (Sec. 1)

4. Contains a purpose statement. (Sec. 1)

5. Designates this act as Emily's Law. (Sec. 1)

6. Defines law enforcement agency and person. (Sec. 1)

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10. HB 2281

11. Initials LM/KL Page 0 Signed by the Governor

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