ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: JUD DP 9-0-0-0

HB 2894: silver alert; criteria; notification

Sponsor: Representative Powell, LD 14

Caucus & COW

Overview

Expands qualifying silver alert criteria, requires immediate issuance of a Silver Alert for missing persons and mandates law enforcement agencies provide silver alert training for law enforcement employees.

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

2. Requires the department to issue a silver alert immediately for any missing person that fits the statute's silver alert criteria. (Sec. 1)

3. Prohibits delaying the issuance of a silver alert based on administrative processes, prior missing episodes or discretionary assessments unrelated to the missing person's safety. (Sec. 1)

4. Mandates that all law enforcement agencies:

a) Develop comprehensive silver alert training for all newly hired employees; and

b) Conduct annual silver alert training for all employees who have direct oversight of missing persons cases. (Sec. 1)

5. Defines cognitive disability. (Sec. 1)

6. Makes conforming changes. (Sec. 1)

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10. HB 2894

11. Initials NM/DC Page 0 Caucus & COW

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