ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: JUD DP 9-0-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2894: silver alert; criteria; notification

Sponsor: Representative Powell, LD 14

Caucus & COW

Overview

Expands eligibility for issuing a Silver Alert by lowering the qualifying age from 65 to 60, expanding qualifying disabilities and requiring quicker issuance of a Silver Alert for missing persons under 18.

History

The Silver Alert notification system is operated by The Department of Public Safety (DPS) and disseminate alerts for missing persons who are either 65 years or older or who have a developmental disability, Alzheimer's disease or dementia. Law enforcement agencies can request a Silver Alert if they have exhausted local resources, determined that the person is missing under suspicious or unexplained circumstances, and believe the individual is in danger due to age, health, disability, environmental factors or potential threats (A.R.S. § 41-1728).

A developmental disability is a severe condition manifesting before the age of 18 that is likely to persist indefinitely. It includes cognitive disabilities, cerebral palsy, epilepsy, down syndrome or autism and it must result in significant limitations to major life activities such as self-care, communication or mobility (A.R.S. § 36-551).

DPS issues an AMBER Alert if a child under the age of 18 disappears, and law enforcement confirms that the child has been abducted, is not a runaway or part of a custody dispute and the abduction poses a serious threat (DPS, Amber Alerts).

Provisions

1.   Lowers the age requirement for a silver alert from the age of 65 to 60. (Sec. 1)

2.   Adds any other disability, to the list of disabilities that could activate a silver alert notification. (Sec. 1)

3.   Asserts that the law enforcement agency, investigating the missing person report, must use all available local resources within a 24-hour period. (Sec. 1)

4.   Requires the department to issue a silver alert, as soon as possible, if the missing person is under the age of 18. (Sec. 1)

5.   Makes conforming changes. (Sec. 1)

 

 

 

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                        HB 2894

Initials NM/DC         Page 0 Caucus & COW

 

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