House Engrossed

silver alert; criteria; notification

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

HOUSE BILL 2894

AN ACT

Amending section 41-1728, Arizona Revised Statutes; relating to the department of public safety.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-1728, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1728. Silver alert notification system; requirements; definitions

A. The department shall establish the silver alert notification system as a quick response system designed to issue and coordinate alerts following the report of a missing person who is sixty-five years of age or older or who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older as described in subsection B of this section.

B. On the request of an authorized person at a law enforcement agency that is investigating a report of a missing person who is sixty-five years of age or older or who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older, the department shall request an activation of the emergency alert system and issue a silver alert immediately if all of the following conditions are met:

1. The missing person is sixty-five years of age or older or has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older.

2. The law enforcement agency investigating the missing person report:

(a) Has used all available local resources.

(b) Has determined that the person has gone missing under unexplained or suspicious circumstances.

(c) Believes that the missing person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the missing person is in the company of a potentially dangerous person or that there are other factors indicating that the missing person may be in peril.

3. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

4. The department has been designated to use the federally authorized emergency alert system for the issuance of silver alerts.

C. The department shall request an activation of the emergency alert system and issue a silver alert immediately pursuant to subsection B of this section regardless of the missing person's age. A Silver Alert may not be denied or delayed due to administrative processes, prior missing episodes or discretionary assessments THAT are unrelated to the immediate risk to the missing person's safety.[if the missing person is younger than eighteen years of age][regardless of the missing person's age].[A Silver Alert may not be denied or delayed due to administrative processes, prior missing episodes or discretionary assessments THAT are unrelated to the immediate risk to the missing person's safety.]

C. D. If the department issues a silver alert pursuant to this section, the department shall provide the silver alert information to any other entity that provides similar notifications in this state.

E. ALL LAW ENFORCEMENT AGENCIES IN THIS STATE SHALL do all of the following:

1. DEVELOP, IMPLEMENT AND REGULARLY UPDATE TRAINING CRITERIA FOR ALL NEWLY HIRED EMPLOYEES REGARDING THE SILVER ALERT NOTIFICATION SYSTEM pursuant to this section. THE TRAINING SHALL BE COMPREHENSIVE AND SHALL CREATE A SOLID FOUNDATION OF KNOWLEDGE REGARDING THE LEGAL CRITERIA AND PROCESSES INVOLVED IN ISSUING A TIMELY SILVER ALERT PURSUANT TO THIS SECTION.

2. CONDUCT ANNUAL SILVER ALERT NOTIFICATION TRAINING FOR ALL DEPARTMENT EMPLOYEES WHO HAVE DIRECT OVERSIGHT OF MISSING PERSON CASES, INCLUDING THE SUPERVISORS OF THESE EMPLOYEES. THE TRAINING SHALL INCLUDE A REVIEW OF ANY DEPARTMENT AND STATE POLICIES REGARDING LOCATING MISSING, ABDUCTED OR RUNAWAY PERSONS, WITH A SPECIFIC FOCUS ON SILVER ALERT PROCEDURES. THE TRAINING SHALL ALSO INCLUDE AN EXAMINATION OF THE LEGAL REQUIREMENTS AND THE NECESSARY ONGOING EFFORTS REQUIRED TO LOCATE MISSING, ABDUCTED OR RUNAWAY PERSONS IN A TIMELY AND EFFECTIVE MANNER.

E. ALL LAW ENFORCEMENT AGENCIES IN THIS STATE SHALL:

1. DEVELOP, IMPLEMENT AND REGULARLY UPDATE TRAINING CRITERIA FOR ALL NEWLY HIRED EMPLOYEES REGARDING THE SILVER ALERT NOTIFICATION SYSTEM. THE TRAINING SHALL BE COMPREHENSIVE AND SHALL CREATE A SOLID FOUNDATION OF KNOWLEDGE REGARDING THE LEGAL CRITERIA AND PROCESSES INVOLVED IN ISSUING A TIMELY SILVER ALERT PURSUANT TO THIS SECTION.

2. CONDUCT ANNUAL SILVER ALERT NOTIFICATION TRAINING FOR ALL DEPARTMENT EMPLOYEES WHO HAVE DIRECT OVERSIGHT OF MISSING PERSON CASES, INCLUDING THE SUPERVISORS OF THESE EMPLOYEES. THE TRAINING SHALL INCLUDE A REVIEW OF ANY DEPARTMENT AND STATE POLICIES REGARDING THE LOCATING OF MISSING, ABDUCTED OR RUNAWAY PERSONS, WITH A SPECIFIC FOCUS ON SILVER ALERT PROCEDURES. THE TRAINING SHALL ALSO INCLUDE AN EXAMINATION OF THE LEGAL REQUIREMENTS AND THE NECESSARY ONGOING EFFORTS REQUIRED TO LOCATE MISSING, ABDUCTED, OR RUNAWAY PERSONS IN A TIMELY AND EFFECTIVE MANNER.

D. F. For the purposes of this section, :

1. "COGNITIVE DISABILITY" HAS THE SAME MEANING PRESCRIBED IN SECTION 36-551.

2.[, ][:

1. "COGNITIVE DISABILITY" HAS THE SAME MEANING PRESCRIBED IN SECTION 36-551.

2.] "Developmental disability" has the same meaning prescribed in section 36-551. END_STATUTE