Bill Text: HI SB2305 | 2024 | Regular Session | Amended
Bill Title: Relating To Missing Persons.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Engrossed) 2024-04-26 - Forty-eight (48) hours notice Wednesday 05-01-24. [SB2305 Detail]
Download: Hawaii-2024-SB2305-Amended.html
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THE SENATE |
S.B. NO. |
2305 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MISSING PERSONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State must protect vulnerable kupuna and persons with cognitive impairments or developmental disabilities who are missing. More than half of states nationwide have established silver alert programs modeled after the amber alert program.
Broadcasters use systems like the emergency alert system, formerly known as the emergency broadcast system, or wireless emergency alert, to communicate emergency alerts and warning messages to the public.
There are many emergency situations where the use of these broadcast systems could save lives by helping identify missing individuals with cognitive impairments, developmental disabilities, or the elderly. However, there is no statutory process which requires its use.
The purpose of this Act is to establish a silver alert program within the department of law enforcement to alert the public of missing persons for whom there is a credible threat to their health and safety. To the greatest extent possible, the alert shall provide protection of the privacy, dignity, and independence of the missing person by including standards aimed at preventing the inadvertent or unnecessary broadcasting or dissemination of sensitive health and diagnostic information.
SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended to read as follows:
"§353C-
(b) If a person is
reported missing to a law enforcement agency and that agency determines that
the requirements of subsection (g) are met, the agency may request the
department of law enforcement to activate a silver alert. If the department of law enforcement concurs
that the requirements of subsection (g) are met, the department of law
enforcement
(c) Radio, television,
cable, and satellite systems are encouraged to, but not required to, cooperate
with disseminating the information contained in a silver alert.
(d) Upon activation of
a silver alert, if the department of law enforcement believes the criteria of
subsection (g)(4) is met, the department shall assist the investigating law
enforcement agency
(e) The department of
law enforcement may use, as permitted, the Wireless Emergency Alerts.
(f) The department of
law enforcement may use, as
(1) The investigating law enforcement agency
determines that a vehicle may be involved in the missing person incident; and
(2) Specific vehicle identification is
available for public dissemination.
(g) A law enforcement agency may request from the
department of law enforcement that a silver alert be activated if that agency
determines that all of the following conditions are met regarding the
investigation of the missing person:
(1) The missing person is
(2) The law enforcement agency has utilized all
available local resources;
(3) The law enforcement agency determines that
the person has gone missing under unexplained or suspicious circumstances;
(4) The law enforcement agency believes that
the person is in danger because of age, health, mental or physical disability,
or environment or weather conditions, that the person is in the company of a
potentially dangerous person, or that there are other factors indicating that
the person may be in peril; and
(5) There is information available that, if
disseminated to the public, could assist in the safe recovery of the missing
person.
(h) For purposes of this section:
"Cognitively impaired" means affected by a cognitive impairment, as defined in section 431:10H-201.
"Developmentally
disabled" means affected by a developmental disability, as defined in
section 11-88.1-2 of the Hawaii Administrative Rules.
"Silver
alert" means a notification system, activated pursuant to subsections (b)
through (e), designed to issue and coordinate alerts with respect to a person
who is sixty-five years of age or older, cognitive
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of or so much thereof as may be necessary for fiscal year 2024-2025 for establishing and operating the silver alert program.
The sum appropriated shall be expended by the department of law enforcement for the purposes of this Act.
SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2042.
Report Title:
DLE; Silver Alert Program; Missing Persons; Department of Law Enforcement; Appropriation; General Fund Expenditure Ceiling Exceeded
Description:
Establishes a Silver Alert Program within the Department of Law Enforcement to help locate and safeguard missing persons who are sixty-five years of age or older, cognitively impaired, or developmentally disabled. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation. Effective 1/1/2042. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
