PRINTER'S NO. 1909
No. 1221 Session of 2006
INTRODUCED BY MELLOW, COSTA, FONTANA, TARTAGLIONE, RAFFERTY,
ERICKSON, MUSTO, PUNT, ORIE, KITCHEN, WONDERLING, BOSCOLA,
LEMMOND, BROWNE, REGOLA, PILEGGI, RHOADES AND STACK,
JUNE 21, 2006
REFERRED TO LAW AND JUSTICE, JUNE 21, 2006
AN ACT
1 Amending the act of November 24, 2004 (P.L.1270, No.153),
2 entitled "An act providing for the Pennsylvania Amber Alert
3 System; authorizing and directing the Pennsylvania State
4 Police to establish and maintain the Pennsylvania Amber Alert
5 System; assessing costs; and providing for immunity and
6 penalties," establishing the Pennsylvania Amber View System;
7 and providing for a penalty.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of November 24, 2004 (P.L.1270, No.153),
11 entitled "An act providing for the Pennsylvania Amber Alert
12 System; authorizing and directing the Pennsylvania State Police
13 to establish and maintain the Pennsylvania Amber Alert System;
14 assessing costs; and providing for immunity and penalties," is
15 amended by adding sections to read:
16 Section 5.1. Pennsylvania Amber View System established.
17 (a) Establishment.--The Pennsylvania State Police, in
18 conjunction with the Department of Education, shall use existing
19 technologies to establish and maintain the Pennsylvania Amber
1 View System to be used in conjunction with the Pennsylvania
2 Amber Alert System in assisting in the recovery of abducted
3 children.
4 (b) Collection of information.--The Pennsylvania Amber View
5 System shall provide for the collection, electronic storage,
6 security and broadcast of a digital, three-dimensional (3D)
7 facial image of children, which shall be broadcast to law
8 enforcement officials, media organizations and other sources in
9 the event of an Amber Alert involving the child.
10 (c) Protocols and procedures.--The Pennsylvania State Police
11 and the Department of Education shall establish protocols and
12 procedures necessary for effective operation of this system and
13 shall educate and inform local law enforcement agencies, school
14 officials, parents of school-age children and the public to its
15 availability.
16 Section 5.2. Participation.
17 (a) Voluntary participation.--Participation in collection of
18 the digital, three dimensional facial images is purely
19 voluntary.
20 (b) Consent forms.--The Department of Education, in
21 conjunction with the Pennsylvania State Police, shall develop
22 forms for obtaining consent of parents or guardians. These forms
23 shall be distributed in schools simultaneously with information
24 for school pictures. The form shall describe the program and
25 safeguards and inform the parent/guardian that participation is
26 purely voluntary and provided at no charge. Digital images shall
27 be scanned and recorded at the time school pictures are taken
28 for students whose parent/guardian have given permission under
29 this section.
30 Section 5.3. Prohibited use, penalty.
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1 (a) Access.--Only the Pennsylvania State Police shall have
2 access to the database.
3 (b) Use of image.--The digital three-dimensional facial
4 images collected and stored under section 5.1 shall not be
5 copied, distributed, used, viewed, sold, transmitted or
6 broadcast except as provided in section 5.1.
7 (c) Penalty.--A person who violates subsection (a) commits a
8 misdemeanor of the first degree.
9 Section 5.4. Records.
10 The Pennsylvania State Police shall, on a continuing basis,
11 permanently delete or destroy all digital images at the end of
12 the year in which the school-age child turns 18 years of age.
13 Section 5.5. Coordination of other jurisdictions.
14 The Pennsylvania State Police shall coordinate with other
15 authorities and carryout the provisions of section 5.1 in the
16 same manner as provided in section 3.
17 Section 5.6. Assessment of cost.
18 In addition to the cost assessed under section 4 an
19 additional assessment of $25 shall be assessed automatically on
20 each person convicted, adjudicated delinquent or granted
21 accelerated rehabilitative disposition (ARD) of the offense
22 listed in section 4. The cost shall be forwarded to the
23 Commonwealth and used by the Pennsylvania State Police to
24 establish and maintain the Pennsylvania Amber View System.
25 Section 5.7. Federal funding.
26 The Pennsylvania State Police shall seek all available
27 funding from the Federal Government for establishing and
28 maintaining the Pennsylvania Amber View System.
29 Section 2. This act shall take effect in 60 days.
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