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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY YOUNGBLOOD, CRUZ, BROWN, THOMAS, BAKER, BARRAR, BOYD, BOYLE, COHEN, DONATUCCI, FRANKEL, GOODMAN, HENNESSEY, JOSEPHS, KORTZ, KULA, LONGIETTI, MAHONEY, MANDERINO, MANN, MELIO, MICOZZIE, MOUL, M. O'BRIEN, O'NEILL, PARKER, PAYNE, PHILLIPS, READSHAW, K. SMITH, SOLOBAY, STURLA, VULAKOVICH, WATSON AND WHITE, MARCH 5, 2009 |
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| REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 5, 2009 |
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| AN ACT |
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1 | Relating to a silver alert program for missing senior citizens. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Silver Alert |
6 | for Missing Senior Citizens Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Alert." The Statewide silver alert for missing senior |
12 | citizens developed and implemented under this act. |
13 | "Department." The Department of Aging of the Commonwealth. |
14 | "Local law enforcement agency." A local law enforcement |
15 | agency with jurisdiction to enforce the laws of this |
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1 | Commonwealth. |
2 | "Senior citizen." A person who is 65 years of age or older. |
3 | Section 3. Silver alert for missing senior citizens. |
4 | The department will cooperate with the Pennsylvania State |
5 | Police and shall develop and implement a Statewide silver alert |
6 | to be activated on behalf of a missing senior citizen. |
7 | Section 4. Administration. |
8 | (a) Director.--The Secretary of Aging shall appoint a |
9 | director to serve as the Statewide coordinator of the alert. |
10 | (b) Rules and regulations.--The department shall adopt rules |
11 | and regulations and shall issue directives as necessary to |
12 | ensure proper implementation of the alert. The rules and |
13 | regulations must include: |
14 | (1) The procedures to be used by a local law enforcement |
15 | agency to verify whether a senior citizen: |
16 | (i) is missing; and |
17 | (ii) has an impaired mental condition; |
18 | (2) a description of the circumstances under which a |
19 | local law enforcement agency is required to report a missing |
20 | senior citizen to the department; and |
21 | (3) the procedures to be used by an individual or entity |
22 | to report information about a missing senior citizen to |
23 | designated media outlets in this Commonwealth. |
24 | Section 5. Department to recruit participants. |
25 | The department shall recruit public and commercial television |
26 | and radio broadcasters, private commercial entities, State or |
27 | local government entities, the public and other appropriate |
28 | persons to assist in developing and implementing the alert. |
29 | Section 6. Duties of the Pennsylvania State Police. |
30 | The Pennsylvania State Police shall: |
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1 | (1) cooperate with the department and assist in |
2 | developing and implementing the alert; and |
3 | (2) establish a plan for providing relevant information |
4 | to the public across this Commonwealth. |
5 | Section 7. Notification to department of a missing senior |
6 | citizen. |
7 | (a) Notification to department.--A local law enforcement |
8 | agency may notify the department if the agency: |
9 | (1) receives notice of a missing senior citizen; |
10 | (2) verifies that at the time the senior citizen is |
11 | reported missing: |
12 | (i) the person reported missing is 65 years of age |
13 | or older; |
14 | (ii) the senior citizen's location is unknown; |
15 | (iii) the senior citizen's domicile is in this |
16 | Commonwealth; |
17 | (iv) the senior citizen has an impaired mental |
18 | condition; and |
19 | (3) determines that the senior citizen's disappearance |
20 | poses a credible threat to the senior citizen's health and |
21 | safety. |
22 | (b) Local law enforcement agency.--The local law enforcement |
23 | agency shall: |
24 | (1) require the family or legal guardian of the missing |
25 | senior citizen to provide documentation of the senior |
26 | citizen's impaired mental condition to verify the condition |
27 | as required under subsection (a)(2)(iv); and |
28 | (2) as soon as practicable, determine whether the senior |
29 | citizen's disappearance poses a credible threat to the senior |
30 | citizen's health and safety for purposes of subsection |
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1 | (a)(3). |
2 | Section 8. Activation of silver alert. |
3 | (a) Confirmation by department.--When a local law |
4 | enforcement agency notifies the department under section 7, the |
5 | department shall confirm the accuracy of the information and, if |
6 | confirmed, immediately issue an alert under this act in |
7 | accordance with department rules. |
8 | (b) Issuance of alert.--In issuing the alert, the department |
9 | shall send the alert to designated media outlets in this |
10 | Commonwealth. Following receipt of the alert, participating |
11 | radio stations, television stations and other media outlets may |
12 | issue the alert at designated intervals to assist in locating |
13 | the missing senior citizen. |
14 | Section 9. Content of silver alert. |
15 | The alert must include: |
16 | (1) all appropriate information that is provided by the |
17 | local law enforcement agency that may lead to the safe |
18 | recovery of the missing senior citizen; and |
19 | (2) a statement instructing any person with information |
20 | related to the missing senior citizen to contact a local law |
21 | enforcement agency. |
22 | Section 10. Termination of silver alert. |
23 | (a) Director's duties.--The director shall terminate any |
24 | activation of the alert with respect to a particular missing |
25 | senior citizen no later than the earlier of the date on which: |
26 | (1) the missing senior citizen is located or the |
27 | situation is otherwise resolved; or |
28 | (2) the notification period ends, as determined by |
29 | department rule. |
30 | (b) Local law enforcement agency.--A local law enforcement |
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1 | agency that locates a missing senior citizen who is the subject |
2 | of an alert shall notify the department as soon as possible that |
3 | the missing senior citizen has been located. |
4 | Section 11. This act shall take effect in 180 days. |
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