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SPONSOR: |
HJC |
DATE TYPED: |
|
HB |
16 and 161/HJCS |
||
SHORT TITLE: |
Amber Alert Law |
SB |
|
||||
|
ANALYST: |
Fox-Young |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
.1
Minimal |
.1 Minimal |
Recurring |
|
|
|
|
|
|
|
(Parenthesis ( ) Indicate Expenditure Decreases)
Responses
Received From:
Children, Youth and Families Department (CYFD)
Department of Public
Safety (DPS)
Association of
District Attorneys (AODA)
State Highway and
Transportation Department (SHTD)
Administrative Office
of the Courts (AOC)
SUMMARY
Synopsis of HJC Substitute
The House Judiciary Committee
Substitute for House Bills 16 and 161
TECHNICAL
ISSUES
AOC suggests the following amendment on page 4,
lines 23-24:
“…the authorized
requestor shall notify other states and or the
RELATIONSHIP
The substitute bill relates to and partially duplicates SB 218. Major differences are:
· HJCS/16 and 161 defines child abduction for purposes of the amber alert system. SB 218 gives DPS the authority to set the criteria for what constitutes child abduction.
· HJCS/16 and 161 provides a criminal penalty for knowing submission of false information resulting in the declaration of an amber alert, making it a petty misdemeanor. SB 218 does not enact a criminal penalty.
Synopsis
of Original Bill
House Bill 16 enacts
the amber alert law, mandating the
Significant Issues
The bill defines child
abduction for purposes of the amber alert notification system, and it requires
that the chief of the
The plan shall provide a procedure for notifying lead AM radio stations, the communications division of the General Services Department (GSD) and local law enforcement agencies when an amber alert has been declared. The plan shall stipulate that lead stations broadcast amber alerts every thirty minutes for at least eight hours unless notified by the authorized requestor that the alert has been terminated.
The bill provides a
criminal penalty for knowing submission of false information resulting in the
declaration of an amber alert, making it a petty misdemeanor.
The bill contains an
emergency clause.
FISCAL IMPLICATIONS
The burden of disseminating emergency information falls on the Department of Public Safety (DPS) and General Services Department (GSD). These agencies would have to draw on existing resources to develop and maintain the amber alert system.
OTHER SUBSTANTIVE ISSUES
The bill mandates that the amber alert system rely on state and AM radio transmission to disseminate information. Naming specific media may have the unintended result of limiting the effectiveness of an amber alert system, as it does not encourage other media (FM radio, print, television, etc.) to participate.
As the bill is written, DPS shall not issue an amber alert for a child abducted by any relative. In order to avoid circumstances unforeseen as the legislation is drafted, perhaps the Legislature should allow DPS to set procedural guidelines and definitional criteria rather than writing them into statute.
RELATES
The bill relates to and partially duplicates SB 110 and HB 161. (SB 110 and HB 161 are duplicates.) Major differences are:
· HB 16 mandates that the amber alert system rely on state and AM radio transmission to disseminate information, and it details the procedures by which these media shall issue amber alerts. SB 110 and HB 161 give DPS the authority to set the protocol by which state and private media shall issue amber alerts.
· HB 16 defines child abduction for purposes of the amber alert system. SB 110 and HB 161 give DPS the authority to set the criteria for what constitutes child abduction.
· HB 16 provides a criminal penalty for knowing submission of false information resulting in the declaration of an amber alert, making it a petty misdemeanor. SB 110 and HB 161 do not enact a criminal penalty.
·
HB 16 contains an emergency clause. SB 110 and HB 161 do not.
· SB 110 and HB 161 mandate DPS work with law enforcement agencies in neighboring states to develop a regional amber alert system. HB 16 does not.
Should the
Legislature leave the authority to establish definitions and
protocol for purposes of the amber alert system to the Department of Public
Safety (DPS)?