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2 | 2 | | HOUSE DOCKET, NO. 2309 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2657 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Jack Patrick Lewis |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing a Purple Alert system in the commonwealth. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Jack Patrick Lewis7th Middlesex1/16/2025Patrick M. O'ConnorFirst Plymouth and Norfolk3/12/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 2309 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2657 |
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18 | 18 | | By Representative Lewis of Framingham, a petition (accompanied by bill, House, No. 2657) of |
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19 | 19 | | Jack Patrick Lewis and Patrick M. O'Connor that the Executive Office of Public Safety and |
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20 | 20 | | Security establish a purple alert program to assist in identifying and locating missing persons |
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21 | 21 | | with a disabilities. Public Safety and Homeland Security. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act establishing a Purple Alert system in the commonwealth. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 22E the |
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31 | 31 | | 2following chapter:- |
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32 | 32 | | 3 CHAPTER 22F. PURPLE ALERT PROGRAM TO ASSIST IN IDENTIFYING AND |
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33 | 33 | | 4LOCATING MISSING PERSONS WITH A DISABILITY |
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34 | 34 | | 5 Section 1. As used in this chapter, the following words shall, unless the context clearly |
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35 | 35 | | 6requires otherwise, have the following meanings: |
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36 | 36 | | 7 “Executive Office”, the executive office of public safety and security. |
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37 | 37 | | 8 “Local law enforcement agency”, a local police or sheriff's office that has jurisdiction |
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38 | 38 | | 9over the area where a person became missing. 2 of 4 |
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39 | 39 | | 10 “Missing person with a disability”, an individual whose whereabouts are unknown and |
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40 | 40 | | 11who has: (i) a mental or cognitive disability that is not Alzheimer's disease or a dementia-related |
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41 | 41 | | 12disorder; (ii) an intellectual disability or a developmental disability including Down syndrome; |
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42 | 42 | | 13(iii) a brain injury; (iv) another physical, mental, or emotional disability that is not related to |
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43 | 43 | | 14substance abuse; or (v) a combination of any of these. |
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44 | 44 | | 15 Section 2. (a) The executive office shall establish a Purple Alert Program to assist in |
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45 | 45 | | 16identifying and locating missing persons with disabilities. |
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46 | 46 | | 17 (b) The program shall include a system for rapidly disseminating information to the |
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47 | 47 | | 18public, including descriptions, photographs and information about the missing person's disability |
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48 | 48 | | 19and susceptibility to wandering behaviors. |
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49 | 49 | | 20 |
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50 | 50 | | 21 (c) The Purple Alert system shall include procedures to monitor the use, activation and |
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51 | 51 | | 22results of alerts and a strategy for informing and educating law enforcement, the media and other |
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52 | 52 | | 23stakeholders concerning the alert. |
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53 | 53 | | 24 Section 3. (a) After receiving missing person’s report pursuant to section 4, a local law |
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54 | 54 | | 25enforcement agency may activate a Purple Alert after determining that: |
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55 | 55 | | 26 (i) a person is a missing person with a disability as defined in section 1; |
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56 | 56 | | 27 (ii) there a credible threat that the missing person may be subject to immediate danger or |
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57 | 57 | | 28serious bodily harm because of the person’s disappearance; |
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58 | 58 | | 29 (iii) the missing person most likely cannot be returned to safety without law enforcement |
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59 | 59 | | 30intervention; and 3 of 4 |
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60 | 60 | | 31 (iv) there is sufficient information available to disseminate to the public that could assist |
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61 | 61 | | 32in locating the missing person. |
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62 | 62 | | 33 (b) A local law enforcement agency may activate a Purple Alert notwithstanding the |
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63 | 63 | | 34existence of an active Silver Alert or Amber Alert for the same missing person if the local law |
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64 | 64 | | 35enforcement agency determines that a Purple Alert may improve the chances of finding the |
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65 | 65 | | 36person. |
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66 | 66 | | 37 Section 4. (a) To initiate a Purple Alert, the family, legal caregiver or custodian of the |
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67 | 67 | | 38missing person shall file a missing person's report with the local law enforcement agency where |
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68 | 68 | | 39the person became missing. |
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69 | 69 | | 40 (b) Upon receiving a missing person’s report, the local law enforcement agency shall: |
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70 | 70 | | 41 (i) determine if the case meets the qualifying criteria for a Purple Alert set forth in |
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71 | 71 | | 42subsection (a) of section 3; |
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72 | 72 | | 43 (ii) notify the executive office and electronically send the completed Purple Alert forms |
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73 | 73 | | 44and available photographs or images of the missing person; |
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74 | 74 | | 45 (iii) enter the information into the National Crime Information Center (NCIC); |
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75 | 75 | | 46 (iv) initiate an alert to all local law enforcement, E911 and first responders to search the |
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76 | 76 | | 47immediate area; |
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77 | 77 | | 48 (v)activate secondary alert systems to residents, businesses and broadcast media in the |
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78 | 78 | | 49immediate area; 4 of 4 |
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79 | 79 | | 50 (vi) provide a 24-hour phone number to receive calls while continuing the investigation; |
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80 | 80 | | 51and |
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81 | 81 | | 52 (vii) update the family, legal caregiver or custodian of the missing person as new |
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82 | 82 | | 53information becomes available. |
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83 | 83 | | 54 Section 5. (a) The Purple Alert Program shall provide, to the greatest extent possible, for |
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84 | 84 | | 55the protection of the privacy, dignity and independence of the missing person by including |
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85 | 85 | | 56standards aimed at preventing the inadvertent or unnecessary broadcasting or dissemination of |
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86 | 86 | | 57sensitive health and diagnostic information. |
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87 | 87 | | 58 (b) The broadcasting and dissemination of alerts and related information shall be limited |
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88 | 88 | | 59to the geographic areas where the missing person could reasonably be, considering the person's |
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89 | 89 | | 60circumstances and physical and mental condition, the potential modes of transportation available |
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90 | 90 | | 61to the person or suspected to be involved, and the known or suspected circumstances of the |
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91 | 91 | | 62person’s disappearance. |
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92 | 92 | | 63 Section 6. (a) A Purple Alert shall be terminated when the missing person is located or |
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93 | 93 | | 64when circumstances no longer warrant its continued activation. |
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94 | 94 | | 65 (b) The local law enforcement agency that requested the activation of the Purple Alert |
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95 | 95 | | 66shall notify the executive office immediately upon locating the missing person or determining |
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96 | 96 | | 67that the alert should be terminated. |
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97 | 97 | | 68 SECTION 2. This act shall take effect 90 days after passage. |
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