HCS HB 185 -- ABDUCTED CHILDREN

SPONSOR:  Phillips

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children
and Families by a vote of 7 to 0.

This substitute creates a statewide Amber Alert Program for the
purpose of identifying and locating abducted persons.  It defines
an "abducted person" as one whose whereabouts are unknown and
whose disappearance poses a credible threat of immediate danger
of serious bodily harm or death to a person, as determined by
local law enforcement officials.

The substitute requires the Department of Public Safety to
develop regions for the program and to coordinate law enforcement
agencies and broadcasters in those regions.  The department also
has the authority to notify other regions when there is credible
evidence that an abduction is moving across regions.
Participation in the Amber Alert Program is voluntary for local
law enforcement agencies.  Local law enforcement agencies that do
not set up a local Amber Alert Program may contact the department
if an abduction occurs in their area, and the department will
notify local media.

The substitute requires local law enforcement agencies to develop
procedures to verify that a person has been abducted.  Upon
verification, the local law enforcement agency may notify the
Department of Public Safety and recommend an alert under the
Amber Alert Program.  The alert will be sent to the state
emergency alert system broadcaster, and participating radio and
television stations will issue the alert at designated intervals.
The substitute requires the alert to contain all information the
local law enforcement agency has that may assist in the safe
return of the abducted individual and instructions for
individuals with information to contact the local law enforcement
agency.  The alert is canceled upon notification by the
department that the person has been found or at the end of the
notification period.

The substitute requires programs established prior to August 28,
2003, to conform to certain standards.  These standards include
only activating the alert in cases of persons whose disappearance
poses a credible threat of immediate danger of serious bodily
harm or death as determined by local law enforcement officials
and in situations when there are enough details available about
the abducted person to make the activation useful.  The alert
will not be activated in custodial disputes unless there is a
credible threat of immediate danger of serious bodily harm or
death.

The substitute also establishes the Alert Missouri Oversight
Committee to develop criteria and procedures for the Alert
Missouri System.  The committee members include the Director of
the Department of Public Safety, a representative of the Missouri
Sheriff's Association, two representatives of the Missouri Police
Chiefs' Association, a representative of small market radio
broadcasters, a representative of large market radio
broadcasters, a representative of television broadcasters, a
citizen representative from each region of the Alert Missouri
System, and any other members deemed necessary by the Governor.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$91,612 in FY 2004, $59,055 in FY 2005, and $60,553 in FY 2006.

PROPONENTS:  Supporters say that a statewide Amber Alert Program
will allow expansion of a broadcast outside of a local or
regional area.  Local control is a fundamental aspect of the
program, and the statewide system needs to be flexible to adapt
to the needs of local communities.  Participation in the program
is voluntary.  The establishment of a statewide system would
allow smaller jurisdictions to utilize the statewide plan if they
do not develop their own local program.  The program should not
be limited to children under the age of 17 because there are
situations when it could be used effectively for older
individuals.  The Alert Missouri System could also be used as an
alert system for other public emergencies.  The State needs to
enact enabling legislation to apply for federal grants to expand
the communication system.

Testifying for the bill were Representative Schneider; Missouri
Police Chiefs' Association; Missouri Broadcasters Association;
and National Center for Missing and Exploited Children.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Testifying on the bill was State Highway Patrol.

Amy Woods, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am