06 HB 728/AP
House
Bill 728 (AS PASSED HOUSE AND SENATE)
By:
Representatives Franklin of the
43rd,
Brooks of the
63rd,
Jones of the
44th,
Cooper of the
41st,
Walker of the
107th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating
to emergency management, so as to provide a short title; to define certain
terms; to provide for a state-wide alert system for missing disabled adults; to
provide for rules and regulations; to provide for cooperation with broadcasters;
to provide for calling an alert; to provide for conditions; to provide that the
Georgia Lottery Corporation shall devise a method of notifying vendors in an
alert area of the alert; to provide for utilization of a rapid response phone
system; to provide for nonliability; to provide for construction; to provide for
termination of an alert; to provide for a state-wide alert for certain criminal
suspects; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency
management, is amended by inserting at the end thereof a new article to read as
follows:
"ARTICLE
7
38-3-110.
This
article shall be known and may be cited as the
'Mattiés
Call Act.'
38-3-111.
As
used in this article, the term:
(1)
'Alert system' means the state-wide
'Mattiés
Call' alert system for missing disabled adults.
(2)
'Disabled adult' means an adult who is developmentally impaired or who suffers
from dementia or some other cognitive impairment.
(3)
'Local law enforcement agency' means a local law enforcement agency with
jurisdiction over the investigation of a missing disabled adult.
38-3-112.
With
the cooperation of the office of the Governor, the Georgia Lottery Corporation,
and other appropriate law enforcement agencies in this state, the department
shall develop and implement a state-wide alert system to be activated on behalf
of missing disabled adults.
38-3-113.
(a)
The director is the state-wide coordinator of the alert system.
(b)
The director shall adopt rules and issue directives as necessary to ensure
proper implementation of the alert system. The rules and directives must include
instructions on the procedures for activating and deactivating the alert
system.
(c)
The director shall prescribe forms for use by local law enforcement agencies in
requesting activation of the alert system.
38-3-113.1.
The
staff of personal care homes shall call the local police department to report
the elopement of any disabled person from the home within 30 minutes of the
staff receiving actual knowledge that such person is missing from the home.
38-3-114.
(a)
The agency shall recruit public and commercial television, radio, cable, print,
and other media, private commercial entities, state or local governmental
entities, the public, and other appropriate persons to assist in developing and
implementing the alert system.
(b)
The agency may enter into agreements with participants in the alert system to
provide necessary support for the alert system.
38-3-115.
(a)
On notification by a local law enforcement agency that a disabled adult is
missing, the director shall activate the alert system and notify appropriate
participants in the alert system, as established by rule, if:
(1)
A local law enforcement agency believes that a disabled adult is
missing;
(2)
A local law enforcement agency believes that the disabled adult is in immediate
danger of serious bodily injury or death;
(3)
A local law enforcement agency confirms that an investigation has taken place
that verifies the disappearance and eliminates alternative explanations for the
disabled
adult́s
disappearance; and
(4)
Sufficient information is available to disseminate to the public that could
assist in locating the disabled adult.
(b)
The area of the alert may be less than state wide if the director determines
that the nature of the event makes it probable that the disabled adult did not
leave a certain geographic location.
(c)
The agency may modify the criteria described by subsection (a) of this Code
section as necessary for the proper implementation of the alert
system.
38-3-116.
Before
requesting activation of the alert system, a local law enforcement agency must
verify that the criteria described by subsection (a) of Code Section 38-3-115
have been satisfied. The local law enforcement agency shall assess the
appropriate boundaries of the alert, based on the nature of the disabled adult
and the circumstances surrounding the disappearance. On verification of the
criteria, the local law enforcement agency shall immediately contact the agency
to request activation and shall supply the necessary information on the forms
prescribed by the director.
38-3-117.
(a)
A state agency participating in the alert system shall:
(1)
Cooperate with the department and assist in developing and implementing the
alert system;
(2)
Establish a plan for providing relevant information to its officers,
investigators, or employees, as appropriate, once the alert system has been
activated; and
(3)
Utilize a rapid response telephone system that alerts residents in a targeted
area.
(b)
The Georgia Lottery Corporation is directed to develop a method of notifying its
vendors within an alert area of an alert in a manner designed to disseminate
alert information to customers at its retail locations.
38-3-118.
The
director shall terminate any activation of the alert system with respect to a
particular disabled adult if:
(1)
The adult is located or the disappearance is otherwise resolved; or
(2)
The director determines that the alert system is no longer an effective tool for
locating and recovering the disabled adult.
38-3-119.
(a)
Any entity or individual participating in the
'Mattiés
call' alert system pursuant to this article shall not be liable for any civil
damages arising from the dissemination of any alert generated pursuant to the
'Mattiés
call' alert system.
(b)
Nothing in this article shall be construed to limit or restrict in any way any
legal protection an individual or entity may have under any other law for
disseminating any information.
38-3-120.
(a)
In addition to the state-wide alert system known as
'Mattiés
Call,' there is established a state-wide alert system known as
'Kimberlýs
Call.'
(b)
The director shall develop and implement a state-wide alert system to be
activated when a suspect for the crime of murder as defined in Code Section
16-5-1 or rape as defined in Code Section 16-6-1 has not been apprehended and
law enforcement personnel have determined that the suspect may be a serious
threat to the public.
(c)
The provisions of Code Sections 38-3-113, 38-3-114, and 38-3-117 shall also
apply to
'Kimberlýs
Call' as set forth in this Code section.
(d)
On notification by a local law enforcement agency that a suspect in a case of
murder or rape has not been apprehended and may be a serious threat to the
public, the director shall activate the alert system and notify appropriate
participants in the alert system, as established by rule, if:
(1)
A local law enforcement agency believes that a suspect has not been
apprehended;
(2)
A local law enforcement agency believes that the suspect may be a serious threat
to the public; and
(3)
Sufficient information is available to disseminate to the public that could
assist in locating the suspect.
(e)
The area of the alert may be less than state wide if the director determines
that the nature of the event makes it probable that the suspect did not leave a
certain geographic location.
(f)
Before requesting activation of the alert system, a local law enforcement agency
must verify that the criteria described by subsection (d) have been satisfied.
The local law enforcement agency shall assess the appropriate boundaries of the
alert based on the nature of the suspect and the circumstances surrounding the
crime.
(g)
The director shall terminate any activation of the alert system with respect to
a particular suspect if:
(1)
The suspect is located or the incident is otherwise resolved; or
(2)
The director determines that the alert system is no longer an effective tool for
locating the suspect.
(h)
Any entity or individual participating in the
'Kimberlýs
Call' alert system pursuant to this Code section shall not be liable for any
civil damages arising from the dissemination of any alert generated pursuant to
the
'Kimberlýs
Call' alert
system."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.