HB465: HB465 Autism Missing Person Alert System Act; enact

25 LC 56 0331S House Bill 465 (COMMITTEE SUBSTITUTE) By: Representatives Gilliard of the 162nd, Hitchens of the 161st, Neal of the 79th, Stephens of the 164th, Sharper of the 177th, and others A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 3 of Title 35 of the Official Cod e of Georgia Annotated,1 relating to state-wide alert system for missing disabled adults, so as to provide for persons2 with autism spectrum disorder to be included in the "Mattie's Call" alert system; to provide3 for an emphasis on the search of waterways in locating missing persons with autism spectrum4 disorder; to provide for definitions; to provide for related matters; to provide for conforming5 changes; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 3 of Title 35 of the Official Code of Georgia Annotated , relating to the Georgia9 Bureau of Investigation, is amended by revising Article 7, relating to state-wide alert system10 for missing disabled adults, as follows:11 "ARTICLE 712 35-3-170.13 This article shall be known and may be cited as the 'Mattie's Call Act.'14 H. B. 465 (SUB) - 1 - 25 LC 56 0331S 35-3-171.15 As used in this article, the term:16 (1) 'Alert system' means the state-wide 'Mattie's Call' alert system for missing disabled17 adults, and medically endangered persons, and persons with autism spectrum disorder.18 (2) 'Autism spectrum disorder' means a developmental disorder characterized by19 difficulties with social interaction, communication challenges, and restricted or repetitive20 patterns of behavior.21 (2)(3) 'Disabled adult' means an adult who is developmentally impaired or who suffers22 from dementia or some other cognitive impairment.23 (3)(4) 'Local law enforcement agency' means a law enforcement agency with jurisdiction24 over the investigation of a missing disabled adult or other medically endangered person.25 (4)(5) 'Medically endangered person' means a person with a known medical condition26 that might reasonably cause such person to become incapacitated or that may result in27 life-threatening physiological conditions likely to lead to serious bodily injury or death28 if not immediately treated.29 35-3-172.30 (a) With the cooperation of the office of the Governor, the Georgia Lottery Corporation,31 and other appropriate law enforcement agencies in this state, the bureau shall develop and32 implement a state-wide alert system to be activated on behalf of missing disabled adults,33 and medically endangered persons, and persons with autism spectrum disorder.34 (b) Activation of a state-wide missing person alert system shall not prevent or prohibit any35 other state or local law enforcement agency from taking additional measures in response36 to the receipt of a missing person report.37 35-3-173.38 (a) The director is the state-wide coordinator of the alert system.39 H. B. 465 (SUB) - 2 - 25 LC 56 0331S (b) The director shall adopt rules and issue directives as nec essary to ensure proper40 implementation of the alert system. The rules and directives shall include instructions on41 the procedures for activating and deactivating the alert system.42 (c) The director shall prescribe forms for use by local law en forcement agencies in43 requesting activation of the alert system.44 (d) No rule or directive adopted by the director shall mandate a minimum waiting period45 before the alert system may be activated or a request by local law enforcement agencies46 may be submitted to the bureau; provided, however, that it shal l remain within the47 discretion of the director, as provided in this article, whethe r the alert system shall be48 activated at the request of a local law enforcement agency.49 (e) When making a determination whether to activate or whether to request the activation50 of a state-wide missing person alert system, both the director and the requesting local law51 enforcement agency shall take into consideration the known medi cal condition of the52 missing person if the medical condition may reasonably be consi dered a cause for the53 inability to locat e such missing person. In so considering the medical condition of a54 missing person, particularly if such condition may be immediate ly life-threatening or55 incapacitating, the director or other authorized person and the requesting law enforcement56 official shall be authorized, within his or her discretion, to initiate and request, respectively,57 a state-wide endangered person advisory.58 35-3-174.59 The staff of personal care homes and assisted living communities shall call the local police60 department to report the elopement of any disabled person adult, medically endangered61 person, or person with autism spectrum disorder from the home within 30 minutes of the62 staff's receiving actual knowledge that such person is missing from the home.63 H. B. 465 (SUB) - 3 - 25 LC 56 0331S 35-3-175.64 (a) The bureau shall recruit public and commercial television, radio, cable, print, and other65 media, private commercial entities, state or local governmental entities, the public, and66 other appropriate persons to assist in developing and implementing the alert system.67 (b) The bureau may enter into agreements with participants in the alert system to provide68 necessary support for the alert system.69 35-3-176.70 (a) On notification by a local law enforcement agency that a disabled adult, or medically71 endangered person, or person with autism spectrum disorder is missing, the director shall72 activate the alert system and notify appropriate participants i n the alert system, as73 established by rule, if:74 (1) A local law enforcement agency believes that a disabled ad ult, o r medically75 endangered person, or person with autism spectrum disorder is missing;76 (2) A local law enforcement agency believes that the disabled adult, o r medically77 endangered person, or person with autism spectrum disorder is in immediate danger of78 serious bodily injury or death;79 (3) A local law enforcement agency confirms that an investigation has taken place that80 verifies the disappearance and eliminates alternative explanations for the disabled adult's81 or medically endangered person's disappearance of the disabled adult, medically82 endangered person, or person with autism spectrum disorder; and83 (4) Sufficient information is available to disseminate to the public that could assist in84 locating the disabled adult, o r medically endangered person, or person with autism85 spectrum disorder.86 (b) The area of the alert may be less than state wide if the d irector determines that the87 nature of the event makes it probable that the disabled adult, or medically endangered88 H. B. 465 (SUB) - 4 - 25 LC 56 0331S person, or person with autism spectrum disorder did not leave a certain geographic89 location.90 (c) The bureau may modify the criteria described by subsection (a) of this Code section91 as necessary for the proper implementation of the alert system.92 35-3-177.93 Before requesting activation of the alert system, a law enforcement agency shall verify that94 the criteria described by subsection (a) of Code Section 35-3-176 have been satisfied. The95 law enforcement agency shall assess the appropriate boundaries of the alert, based on the96 nature of the disabled adult, o r medically endangered person, or person with autism97 spectrum disorder and the circumstances surrounding the disappearance. On verification98 of the criteria, the law enforcement agency shall immediately contact the bureau to request99 activation and shall supply the necessary information on the fo rms prescribed by the100 director.101 35-3-178.102 (a) A state agency participating in the alert system shall:103 (1) Cooperate with the bureau and assist in developing and imp lementing the alert104 system;105 (2) Establish a plan for providing relevant information to its officers, investigators, or106 employees, as appropriate, once the alert system has been activated; and107 (3) Utilize a rapid response telephone system that alerts residents in a targeted area.108 (b) The Georgia Lottery Corporation is directed to develop a m ethod of notifying its109 vendors within an alert area of an alert in a manner designed t o disseminate alert110 information to customers at its retail locations.111 (c) Any activation of the alert system for a missing person with autism spectrum disorder112 pursuant to this article shall:113 H. B. 465 (SUB) - 5 - 25 LC 56 0331S (1) Issue guidance to local law enforcement agencies engaged in a search for the missing114 person to prioritize waterways, including lakes, rivers, pools, ditches, and other potential115 water sources;116 (2) Advise the public to check roadways for any sign of the missing person;117 (3) Describe the missing person as clearly as possible;118 (4) Provide a last known location for the missing person; and119 (5) Provide any information on the distinctive behaviors associated with autism spectrum120 disorder that may assist in identifying the missing person.121 35-3-179.122 The director shall terminate any activation of the alert system with respect to a particular123 disabled adult, or medically endangered person, or person with autism spectrum disorder124 if:125 (1) The person is located or the disappearance is otherwise resolved; or126 (2) The director determines that the alert system is no longer an effective tool for127 locating and recovering the disabled adult, or medically endangered person, or person128 with autism spectrum disorder.129 35-3-180.130 (a) Any entity or individual participating in the 'Mattie's call' alert system pursuant to this131 article shall not be liable for any civil damages arising from the dissemination of any alert132 generated pursuant to the 'Mattie's call' alert system.133 (b) Nothing in this article shall be construed to limit or res trict in any way any legal134 protection an individual or entity may have under any other law for disseminating any135 information."136 H. B. 465 (SUB) - 6 - 25 LC 56 0331S SECTION 2.137 All laws and parts of laws in conflict with this Act are repealed.138 H. B. 465 (SUB) - 7 -