SB211: SB211 "Autism Missing Person Alert System Act"; enact

25 LC 56 0317 Senate Bill 211 By: Senators James of the 28th, Rhett of the 33rd, Rahman of the 5th, Davenport of the 17th, Jones of the 10th 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 the2 "Autism Missing Person Alert System Act"; to provide for certain entities to cooperate in the3 development of the alert system; to provide for requirements for the alert system; to provide4 for requirements for the activation of the alert system; to provide for the geographic scope5 of such alert; to provide for an emphasis on the search of wate rways in locating missing6 individuals with autism spectrum disorder; to provide for a lim itation on liability for7 participants responding to the alert system; to provide for definitions; to provide for related8 matters; to provide for conforming changes; to repeal conflicti ng laws; and for other9 purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "Autism Missing Person Alert System Act."13 S. B. 211 - 1 - 25 LC 56 0317 SECTION 2.14 Article 7 of Chapter 3 of Title 35 of the Official Code of Geor gia Annotated, relating to15 state-wide alert system for missing disabled adults, is amended by designating Code16 Sections 35-3-170 through 35-3-180 as Part 1.17 SECTION 3.18 Said article is further amended by adding a new part to read as follows:19 "Part 220 35-3-181.21 As used in this part, the term:22 (1) 'Autism Missing Person Alert System' or 'alert system' mea ns the state-wide alert23 system for missing individuals with autism spectrum disorder.24 (2) 'Autism spectrum disorder' means a developmental disorder characterized by25 difficulties with social interaction, communication challenges, and restricted or repetitive26 patterns of behavior.27 (3) 'Local law enforcement agency' means a law enforcement agency with jurisdiction28 over the investigation of a missing individual with autism spectrum disorder.29 35-3-182.30 (a) With the cooperation of the office of the Governor, the Georgia Lottery Corporation,31 the Department of Behavioral Health and Developmental Disabilities, and other appropriate32 local law enforcement agencies in this state, the bureau shall develop and implement an33 alert system to be activated on behalf of missing individuals with autism spectrum disorder.34 S. B. 211 - 2 - 25 LC 56 0317 (b) The activation of an alert system shall not prevent or prohibit any other state or local35 law enforcement agency from taking additional measures in respo nse to the receipt of a36 missing person report.37 35-3-183.38 (a) The director is the state-wide coordinator of the alert system.39 (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 part, whether t he alert system shall be48 activated at the request of a local law enforcement agency.49 35-3-184.50 (a) The bureau shall recruit public and commercial television, radio, cable, print, and other51 media, private commercial entities, state or local governmental entities, the public, and52 other appropriate persons to assist in developing and implementing the alert system.53 (b) The bureau may enter into agreements with participants in the alert system to provide54 necessary support for the alert system.55 S. B. 211 - 3 - 25 LC 56 0317 35-3-185.56 (a) On notification by a local law enforcement agency that an individual with autism57 spectrum disorder is missing, the director shall activate the a lert system and notify58 appropriate participants in the alert system, as established by rule, if:59 (1) A local law enforcement agency believes that such individual is missing;60 (2) A local law enforcement agency believes that such individual is in immediate danger61 of serious bodily injury or death;62 (3) A local law enforcement agency confirms an investigation h as taken place that63 verifies the disappearance and eliminates alternative explanations for such individual; and64 (4) Sufficient information is available to disseminate to the public that could assist in65 locating such individual.66 (b) The area of the alert may be less than state wide if the d irector determines that the67 nature of the event makes it probable that the individual with autism spectrum disorder did68 not leave a certain geographic location.69 (c) The bureau may modify the criteria described by subsection (a) of this Code section70 as necessary for the proper implementation of the alert system.71 (d) Before requesting activation of the alert system, a local law enforcement agency shall72 verify that the criteria described by subsection (a) of this Code section have been satisfied. 73 The local law enforcement agency shall assess the appropriate b oundaries of the alert,74 based on the nature of the individual with autism spectrum disorder and the circumstances75 surrounding the disappearance. On verification of the criteria, the local law enforcement76 agency shall immediately contact the bureau to request activati on and shall supply the77 necessary information on the forms prescribed by the director.78 35-3-186.79 Any activation of the alert system for a missing individual with autism spectrum disorder80 pursuant to this part shall:81 S. B. 211 - 4 - 25 LC 56 0317 (1) Issue guidance to local law enforcement agencies engaged in a search for the missing82 individual to prioritize waterways, including lakes, rivers, po ols, ditches, and other83 potential water sources;84 (2) Advise the public to check roadways for any sign of the missing individual;85 (3) Describe the missing individual as clearly as possible;86 (4) Provide a last known location for the missing individual; and87 (5) Provide any information on the distinctive behaviors associated with autism spectrum88 disorder that may assist in identifying the missing individual.89 35-3-187.90 (a) A state agency participating in the alert system shall:91 (1) Cooperate with the bureau and assist in developing and imp lementing the alert92 system;93 (2) Establish a plan for providing relevant information to its officers, investigators, or94 employees, as appropriate, once the alert system has been activated; and95 (3) Utilize a rapid response telephone system that alerts residents in a targeted area.96 (b) The Georgia Lottery Corporation is directed to develop a m ethod of notifying its97 vendors within an alert area of an alert in a manner designed t o disseminate alert98 information to customers at its retail locations.99 35-3-188.100 The director shall terminate any activation of the alert system with respect to a particular101 individual with autism spectrum disorder if:102 (1) The individual is located or the disappearance is otherwise resolved; or103 (2) The director determines that the alert system is no longer an effective tool for104 locating and recovering the individual.105 S. B. 211 - 5 - 25 LC 56 0317 35-3-189.106 (a) Any entity or individual participating in the Autism Missi ng Person Alert System107 pursuant to this part shall not be liable for any civil damages arising from the dissemination108 of any alert generated pursuant to the Autism Missing Person Alert System.109 (b) Nothing in this part shall be construed to limit or restri ct in any way any legal110 protection an individual or entity may have under any other law for disseminating any111 information."112 SECTION 4.113 Said article is further amended by replacing "article" with "part" wherever the former term114 appears in:115 (1) Code Section 35-3-170, relating to short title;116 (2) Code Section 35-3-171, relating to definitions;117 (3) Code Section 35-3-173, relating to director to be state-wi de coordinator for alert118 system; and119 (4) Code Section 35-3-180, relating to immunity from civil damages for dissemination of120 alert information.121 SECTION 5.122 All laws and parts of laws in conflict with this Act are repealed.123 S. 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