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 Code of Georgia Annotated,
relating to state-wide alert system for missing disabled adults, so as to provide for persons
with autism spectrum disorder to be included in the "Mattie's Call" alert system; to provide
for an emphasis on the search of waterways in locating missing persons with autism spectrum
disorder; to provide for definitions; to provide for related matters; to provide for conforming
changes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended by revising Article 7, relating to state-wide alert system
for missing disabled adults, as follows:
"ARTICLE 7
35-3-170.
This article shall be known and may be cited as the 'Mattie's Call Act.'
35-3-171.
As used in this article, the term:
(1) 'Alert system' means the state-wide 'Mattie's Call' alert system for missing disabled
adults, <del>and</del> medically endangered persons, <ins>and persons with autism spectrum disorder.
(2) 'Autism spectrum disorder' means a developmental disorder characterized by
difficulties with social interaction, communication challenges, and restricted or repetitive
patterns of behavior.
</ins> <del>(2)(3)</del> 'Disabled adult' means an adult who is developmentally impaired or who suffers
from dementia or some other cognitive impairment.
<del>(3)(4)</del> 'Local law enforcement agency' means a law enforcement agency with jurisdiction
over the investigation of a missing disabled adult or other medically endangered person.
<del>(4)(5)</del> 'Medically endangered person' means a person with a known medical condition
that might reasonably cause such person to become incapacitated or that may result in
life-threatening physiological conditions likely to lead to serious bodily injury or death
if not immediately treated.
35-3-172.
(a) With the cooperation of the office of the Governor, the Georgia Lottery Corporation,
and other appropriate law enforcement agencies in this state, the bureau shall develop and
implement a state-wide alert system to be activated on behalf of missing disabled adults,
<del>and</del> medically endangered persons, <ins>and persons with autism spectrum disorder.
</ins> (b) Activation of a state-wide missing person alert system shall not prevent or prohibit any
other state or local law enforcement agency from taking additional measures in response
to the receipt of a missing person report.
35-3-173.
(a) The director is the state-wide coordinator of the alert system.
(b) The director shall adopt rules and issue directives as necessary to ensure proper
implementation of the alert system. The rules and directives shall include instructions on
the procedures for activating and deactivating the alert system.
(c) The director shall prescribe forms for use by local law enforcement agencies in
requesting activation of the alert system.
(d) No rule or directive adopted by the director shall mandate a minimum waiting period
before the alert system may be activated or a request by local law enforcement agencies
may be submitted to the bureau; provided, however, that it shall remain within the
discretion of the director, as provided in this article, whether the alert system shall be
activated at the request of a local law enforcement agency.
(e) When making a determination whether to activate or whether to request the activation
of a state-wide missing person alert system, both the director and the requesting local law
enforcement agency shall take into consideration the known medical condition of the
missing person if the medical condition may reasonably be considered a cause for the
inability to locate such missing person. In so considering the medical condition of a
missing person, particularly if such condition may be immediately life-threatening or
incapacitating, the director or other authorized person and the requesting law enforcement
official shall be authorized, within his or her discretion, to initiate and request, respectively,
a state-wide endangered person advisory.
35-3-174.
The staff of personal care homes and assisted living communities shall call the local police
department to report the elopement of any disabled <del>person</del> <ins>adult, medically endangered
person, or person with autism spectrum disorder</ins> from the home within 30 minutes of the
staff's receiving actual knowledge that such person is missing from the home.
35-3-175.
(a) The bureau shall recruit public and commercial television, radio, cable, print, and other
media, private commercial entities, state or local governmental entities, the public, and
other appropriate persons to assist in developing and implementing the alert system.
(b) The bureau may enter into agreements with participants in the alert system to provide
necessary support for the alert system.
35-3-176.
(a) On notification by a local law enforcement agency that a disabled adult, <del>or</del> medically
endangered person, <ins>or person with autism spectrum disorder</ins> is missing, the director shall
activate the alert system and notify appropriate participants in the alert system, as
established by rule, if:
(1) A local law enforcement agency believes that a disabled adult, <del>or</del> medically
endangered person, <ins>or person with autism spectrum disorder</ins> is missing;
(2) A local law enforcement agency believes that the disabled adult, <del>or</del> medically
endangered person, <ins>or person with autism spectrum disorder</ins> is in immediate danger of
serious bodily injury or death;
(3) A local law enforcement agency confirms that an investigation has taken place that
verifies the disappearance and eliminates alternative explanations for the <del>disabled adult's
or medically endangered person's</del> disappearance <ins>of the disabled adult, medically
endangered person, or person with autism spectrum disorder;</ins> and
(4) Sufficient information is available to disseminate to the public that could assist in
locating the disabled adult, <del>or</del> medically endangered person, <ins>or person with autism
spectrum disorder.
</ins> (b) The area of the alert may be less than state wide if the director determines that the
nature of the event makes it probable that the disabled adult, <del>or</del> medically endangered
person, <ins>or person with autism spectrum disorder</ins> did not leave a certain geographic
location.
(c) The bureau may modify the criteria described by subsection (a) of this Code section
as necessary for the proper implementation of the alert system.
35-3-177.
Before requesting activation of the alert system, a law enforcement agency shall verify that
the criteria described by subsection (a) of Code Section 35-3-176 have been satisfied. The
law enforcement agency shall assess the appropriate boundaries of the alert, based on the
nature of the disabled adult, <del>or</del> medically endangered person, <ins>or person with autism
spectrum disorder</ins> and the circumstances surrounding the disappearance. On verification
of the criteria, the law enforcement agency shall immediately contact the bureau to request
activation and shall supply the necessary information on the forms prescribed by the
director.
35-3-178.
(a) A state agency participating in the alert system shall:
(1) Cooperate with the bureau and assist in developing and implementing the alert
system;
(2) Establish a plan for providing relevant information to its officers, investigators, or
employees, as appropriate, once the alert system has been activated; and
(3) Utilize a rapid response telephone system that alerts residents in a targeted area.
(b) The Georgia Lottery Corporation is directed to develop a method of notifying its
vendors within an alert area of an alert in a manner designed to disseminate alert
information to customers at its retail locations.
<ins>(c) Any activation of the alert system for a missing person with autism spectrum disorder
pursuant to this article shall:
</ins>
<ins>(1) Issue guidance to local law enforcement agencies engaged in a search for the missing
person to prioritize waterways, including lakes, rivers, pools, ditches, and other potential
water sources;
(2) Advise the public to check roadways for any sign of the missing person;
(3) Describe the missing person as clearly as possible;
(4) Provide a last known location for the missing person; and
(5) Provide any information on the distinctive behaviors associated with autism spectrum
disorder that may assist in identifying the missing person.
</ins> 35-3-179.
The director shall terminate any activation of the alert system with respect to a particular
disabled adult, <del>or</del> medically endangered person, <ins>or person with autism spectrum disorder
</ins> if:
(1) The person is located or the disappearance is otherwise resolved; or
(2) The director determines that the alert system is no longer an effective tool for
locating and recovering the disabled adult, <del>or</del> medically endangered person, <ins>or person
with autism spectrum disorder.
</ins> 35-3-180.
(a) Any entity or individual participating in the 'Mattie's call' alert system pursuant to this
article shall not be liable for any civil damages arising from the dissemination of any alert
generated pursuant to the 'Mattie's call' alert system.
(b) Nothing in this article shall be construed to limit or restrict in any way any legal
protection an individual or entity may have under any other law for disseminating any
information."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.