SB1416 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-901, Arizona Revised Statutes, is amended to read:

START_STATUTE8-901. Missing, kidnapped or runaway children; mandatory reporting; training

A. A law enforcement agency that receives a report of a missing, kidnapped or runaway child shall do all of the following:

1. Within two hours after receiving the report and all necessary and available information, submit all of the following information to the Arizona crime information center, and the national crime information center computer networks and the national missing and unidentified persons system:

(a) The name, date of birth, sex, race, height, weight and eye and hair color of the child.

(b) A recent photograph of the child, if available.

(d) (c) The category under which the child is reported missing.

2. Within twenty-four hours after receiving the report and all necessary and available information, submit to the national center for missing and exploited children all of the following information:

(a) A recent photograph of the child, if available. The law enforcement agency shall make reasonable efforts to obtain a recent photograph of the child.

(b) The name, date of birth, sex, race, height, weight and eye and hair color of the child.

3. Within twenty-four hours after receiving the report, provide to appropriate media outlets and post on the official social media platforms of the law enforcement agency all of the following information:

(a) A complete physical description of the child.

(b) The last known location of the child.

(d) Current photographs of the child if available.

(e) The law enforcement agency telephone number.

4. Within thirty days after receiving the report, enter in the national missing and unidentified persons system all required and available information, including, if available, a photograph of the child THAT was taken in the previous one hundred eighty days and medical and dental records.

2. 5. Not later than thirty days after the original entry of the record, verify and update the record with any additional information, including, where if available, medical and dental records and a photograph taken during the previous one hundred eighty days.

3. 6. Institute or assist with appropriate search and investigative procedures.

4. 7. Maintain a close liaison with state and local child welfare systems and the national center for missing and exploited children for the exchange of information and technical assistance in the missing child case.

5. 8. Grant permission to the national crime information center terminal contractor for this state to update the missing child record in the national crime information center computer networks with additional information that is learned during the investigation and that relates to the missing child.

B. A law enforcement agency that receives a report of a missing, kidnapped or runaway child who is in the foster care system shall notify the national center for missing and exploited children in addition to the entities listed in subsection A of this section.

C. B. An entry may not be removed from any database or system until the child is found or the case is closed.

c. Each law enforcement agency in this state shall do both of the following:

1. Develop, implement and regularly update training criteria regarding the requirements of this section. the training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes required by this section.

2. Conduct training on the provisions of this section for all employees of the law enforcement agency, at the time of hire and once every two years, who have direct involvement in missing children cases, including the supervisors of these employees and communication dispatchers. The training shall include a review of any department and state policies regarding locating missing or abducted children. The training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes required by this section.

D. Information provided to APPROPRIATE media outlets and posted on official law enforcement social media platforms pursuant to subsection A, paragraph 3 of this section may not characterize a child as a runaway child unless the law enforcement agency determines that the characterization of the child as a runaway child is necessary to protect the child's safety or further an active investigation. A law enforcement agency is not required to provide the information required by subsection A, paragraph 3 of this section if the law enforcement agency determines that the information would interfere with locating a child or would compromise the safety of a child, an ongoing investigation or the apprehension of a suspect. A law enforcement agency shall document in accordance WITH the law enforcement agency's documentation policies all decisions regarding the provision of the information required by subsection A, paragraph 3 of this section. END_STATUTE

Sec. 2. Section 41-1728, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1728. Seek and find alert notification system; requirements; definitions

A. The department shall establish the seek and find alert notification system as a quick response system designed to issue and coordinate alerts following the report of a missing person who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older as described in subsection B of this section.

B. On the request of an authorized person at a law enforcement agency that is investigating a report of a missing person who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older, the department shall request an activation of the emergency alert system and issue a seek and find alert immediately, regardless of the missing person's age, if all of the following conditions are met:

1. The missing person has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older.

2. The law enforcement agency investigating the missing person report:

(a) Has used all available local resources.

(b) Has determined that the person has gone missing under unexplained or suspicious circumstances.

(c) Believes that the missing person is in danger because of age, health, mental or physical disability, environment or 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.

4. The department has been designated to use the federally authorized emergency alert system for the issuance of seek and find alerts.

C. The department shall request an activation of the emergency alert system and issue a seek and find alert immediately pursuant to subsection B of this section. A seek and find alert may not be denied or delayed due to administrative processes, prior missing episodes or discretionary assessments that are unrelated to the immediate risk to the missing person's safety.

D. If the department issues a seek and find alert pursuant to this section, the department shall provide the seek and find alert information to any other entity that provides similar notifications in this state.

E. All law enforcement agencies in this state shall do all of the following:

1. Develop, implement and regularly update training criteria regarding the seek and find alert notification system pursuant to this section. The training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes involved in issuing a timely seek and find alert.

2. Conduct seek and find alert notification training for all employees of a law enforcement agency, at the time of hire and biannually once every two years, who have direct involvement in missing person cases, including the supervisors of these employees and communication dispatchers. The training shall include a review of any department and state policies regarding locating missing, abducted or runaway persons, with a specific focus on seek and find alert procedures. The training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes involved in issuing a timely seek and find alert.

F. For the purposes of this section:

1. "Cognitive disability" has the same meaning prescribed in section 36-551.

2. "Developmental disability" has the same meaning prescribed in section 36-551.END_STATUTE