HB5INTRODUCED
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HB5
KBCKAU-1
By Representative Givan
RFD: Public Safety and Homeland Security
First Read: 05-Feb-24
2024 Regular Session
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6 KBCKAU-1 07/31/2023 ANS (L)cr 2023-2436
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2024 Regular Session
SYNOPSIS:
Under existing federal law, the AMBER Alert
System sends an alert to assist in the recovery of a
child under 17 years of age who a law enforcement
agency believes has been abducted and is in imminent
danger of serious bodily injury or death.
Under existing state law, the Missing and
Endangered Persons Alert Act sends an alert when the
Alabama State Law Enforcement Agency believes an
individual has been abducted and has a reasonable
belief that the individual is at risk of bodily harm or
death.
This bill would create an Ebony Alert System to
send an alert to assist in the recovery of a Black
youth, including a young woman or girl, under certain
circumstances.
A BILL
TO BE ENTITLED
AN ACT
Relating to public safety; to create an Ebony Alert
System to send an alert to assist in the recovery of a Black
youth, including a young woman or girl, under certain
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youth, including a young woman or girl, under certain
circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, "Ebony
Alert" means a notification system, activated pursuant to
subsection (b), designed to issue and coordinate alerts for
Black youth, including young women and girls, who are reported
missing under unexplained or suspicious circumstances.
(b)(1) If a person is reported missing to a law
enforcement agency and that agency determines that the
requirements of subsection (c) are met, the law enforcement
agency may request the Alabama State Law Enforcement Agency to
activate an Ebony Alert.
(2) If the Alabama State Law Enforcement Agency concurs
that the requirements of subsection (c) have been met, it
shall activate an Ebony Alert within the appropriate
geographical area requested by the investigating law
enforcement agency.
(3) Radio, television, cable, satellite, and social
media systems are encouraged to cooperate with disseminating
the information contained in an Ebony Alert.
(4) Upon activation of an Ebony Alert, the Alabama
State Law Enforcement Agency shall assist the investigating
law enforcement agency by issuing a be-on-the-lookout alert,
an electronic flyer, or changeable message signs in compliance
with subdivision (5).
(5) Upon activation of an Ebony Alert, the Alabama
State Law Enforcement Agency may use a changeable message sign
if both of the following conditions are met:
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if both of the following conditions are met:
a. A law enforcement agency determines that a vehicle
may be involved in the missing person incident.
b. Specific identifying information about the vehicle
is available for public dissemination.
(c) A law enforcement agency may request that an Ebony
Alert be activated if that agency determines that an Ebony
Alert would be an effective tool in the investigation of
missing Black youth, including a young woman or girl, after
considering the following factors:
(1) The missing person is between 12 to 25 years of
age.
(2) The missing person suffers from a mental or
physical disability.
(3) The person is missing under circumstances that
indicate any of the following:
a. The missing person's physical safety may be
endangered.
b. The disappearance of the missing person may not have
been voluntary, including an abduction or kidnapping.
c. The missing person may be subject to trafficking.
(4) The law enforcement agency determines that the
person has gone missing under unexplained or suspicious
circumstances.
(5) The law enforcement agency believes any of the
following:
a. The person is in danger because of age, health,
mental or physical disability, or environmental or weather
related conditions.
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related conditions.
b. The person is in the company of a potentially
dangerous person.
c. There are other factors indicating that the person
may be in peril.
(6) The investigating law enforcement agency has
utilized available local resources.
(7) There is information available that, if
disseminated to the public, could assist in the safe recovery
of the missing person.
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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