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ENGROSSED HOUSE
BILL NO. 1077 By: Luttrell and Pae of the
House
and
Rogers of the Senate
An Act relating to public health and saf ety; creating
the Kasey Alert Act; defining terms; directing the
Department of Public Safety to develop a Kasey Alert
system; requiring cooperation of certain entities;
appointing the Commissioner of Public Safety as
coordinator; providing for the promulgation of rules;
requiring certain procedures; providing for co ntents
of a Kasey Alert; providing for termination of a
Kasey Alert; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1990.8 of Title 63, unless
there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Kasey Alert
Act".
SECTION 2. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 1-1990.9 of Title 63, unless
there is created a duplication in numbering, reads as follows:
As used in the Kasey Alert Act:
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1. "Alert" or "Kasey Alert" means the statewide Kasey Alert for
critically missing adults;
2. "Ashanti Alert" means the national communications network
established by the Ashanti Alert Act of 2018, Sections 21901 through
21907 of Title 34 of the United States Code;
3. "Critically missing adult " means a person who is at least
eighteen (18) and no older than fifty-nine (59) years of age, whose
whereabouts are unknown and who is believed to have been abducted or
taken against his or her will;
4. "Law enforcement agency" means any law enforcement agency of
the state or any political subdivision ther eof, including, but not
limited to, any county sheriff 's office, the police departments of
tribal governments, and municipal police departments;
5. "Media outlet" includes, but is not limited to, radio
stations, television stations, newspapers, social med ia, local
support organizations, and other methods of communicating
information to the public; and
6. "Not Invisible Act of 2019 " means the federal law enacted by
United States Congress for the purpose of increasing
intergovernmental coordination to ident ify and combat violent crime
within Native American lands, Sections 2801 through 2815 of Title 25
of the United States Code.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 1-1990.10 of Title 63, unless
there is created a duplication in numbering, reads as follows:
The Department of Public Safety shall d evelop and implement a
statewide Kasey Alert system to be activated on behalf of a
critically missing adult. The Kasey Alert system shall b e developed
in cooperation with the Department of Transportation, the Department
of Human Services, the Oklahoma Dep artment of Emergency Management
and Homeland Security, tribal governments, the Oklahoma Association
of Broadcasters, and any other state or local agency that the
Department of Public Safety deems appropriate. The Kasey Alert
system shall be developed with any coordination, training , and
assistance available from the United States Department of Justice
pursuant to the Ashanti Alert Act of 2018 and the Not Invisible Act
of 2019.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1990.11 of Title 63, unless
there is created a duplic ation in numbering, reads as follows:
A. The Commissioner of Public Safety shall be the statewide
coordinator of the Kasey Alert system and shall coordinate with
media outlets for the rapid and accurate announc ement of a Kasey
Alert to the public.
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B. The Department of Public Safety shall promulgate rule s as
necessary to implement this act, provided that the rules shall
include the following:
1. The procedure to be used by law enforcement agencies to
verify whether an adult who has been reported missing is believed to
be at risk of abduction or being tak en against his or her will;
2. The criteria for law enforcement agencies to consider in
circumstances in which a missing person may not meet the definition
of a critically missing adult b ut whose safety would be best
protected by the issuance of a Kasey A lert;
3. The procedure for law enforcement agencies to follow in
initiating a statewide Kasey Alert;
4. The method whereby information is distributed to statew ide
media outlets;
5. The procedure for the receipt and evaluation of information
received from the public about a critically missing adult; and
6. The procedure for the termination of a Kasey Alert.
SECTION 5. NEW LAW A new secti on of law to be codified
in the Oklahoma Stat utes as Section 1-1990.12 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. When a law enforcement agency receives notice of a
critically missing adult, the agency shall take the following
actions:
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1. Enter the missing individual into the National Crime
Information Center (NCIC) database immediately upon obtaining the
necessary information for NCIC pursuant to the guidance of the
Federal Bureau of Investi gation (FBI);
2. Conduct an investigation into the disappearance of the
critically missing adult to determine wheth er the person has likely
been abducted or taken against his or her will; and
3. Collect identifying information and any other information
about the critically m issing adult that might be useful to the
general public for the safe recovery of the person.
B. A Kasey Alert shall be activated if a law enforcement agency
receives notice of a critically missing adult, takes the actions
required in subsection A of this section, and determines that there
is sufficient information to issue the Kasey Alert.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1990.13 of Title 63, unless
there is created a dupli cation in numbering, reads as follows:
A Kasey Alert shall include:
1. All appropriate informa tion provided by a law enforcement
agency that may lead to the safe recovery of the criticall y missing
adult; and
2. A statement instructing any person with inf ormation related
to a missing Native American or Indigenous person to contact law
enforcement or tribal authorities.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-1990.14 of Title 63, unless
there is created a duplication in numbe ring, reads as follows:
A. Any law enforcement ag ency that issues a Kasey Alert shall
terminate the alert when the notification period ends, as determined
by a Department of Public Safety rule.
B. Any law enforcement agency that locates a person who is t he
subject of a Kasey Alert shall immediately noti fy the Department of
Public Safety.
SECTION 8. This act shall become effective November 1, 2023.
Passed the House of Representatives the 7th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate