Texas 2017 - 85th Regular

Texas Senate Bill SB1192 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Buckingham, Garcia S.B. No. 1192
2	2	(In the Senate - Filed March 1, 2017; March 9, 2017, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	April 20, 2017, reported favorably by the following vote: Yeas 7,
5	5	Nays 0; April 20, 2017, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to an alert for a missing senior citizen or person with
12	12	Alzheimer's disease.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Subchapter M, Chapter 411,
15	15	Government Code, is amended to read as follows:
16	16	SUBCHAPTER M. SILVER ALERT FOR MISSING SENIOR CITIZENS AND PERSONS
17	17	WITH ALZHEIMER'S DISEASE
18	18	SECTION 2. Sections 411.381(1) and (2), Government Code,
19	19	are amended to read as follows:
20	20	(1) "Alert" means the statewide silver alert for
21	21	missing senior citizens and persons with Alzheimer's disease, as
22	22	developed and implemented under this subchapter.
23	23	(2) "Local law enforcement agency" means a local law
24	24	enforcement agency with jurisdiction over the investigation of a
25	25	missing senior citizen or person with Alzheimer's disease.
26	26	SECTION 3. Section 411.382, Government Code, is amended to
27	27	read as follows:
28	28	Sec. 411.382. SILVER ALERT FOR MISSING SENIOR CITIZENS AND
29	29	PERSONS WITH ALZHEIMER'S DISEASE. With the cooperation of the
30	30	Texas Department of Transportation, the office of the governor, and
31	31	other appropriate law enforcement agencies in this state, the
32	32	department shall develop and implement a statewide silver alert to
33	33	be activated on behalf of a missing senior citizen or person with
34	34	Alzheimer's disease.
35	35	SECTION 4. Section 411.383(b), Government Code, is amended
36	36	to read as follows:
37	37	(b) The director shall adopt rules and issue directives as
38	38	necessary to ensure proper implementation of the alert. The rules
39	39	and directives must include:
40	40	(1) the procedures to be used by a local law
41	41	enforcement agency to verify whether a person reported missing is a
42	42	senior citizen with[:
43	43	[(A) is missing; and
44	44	[(B) has] an impaired mental condition or a
45	45	person with Alzheimer's disease and whether the person's location
46	46	is unknown;
47	47	(2) a description of the circumstances under which a
48	48	local law enforcement agency is required to report a missing senior
49	49	citizen or person with Alzheimer's disease to the department; and
50	50	(3) the procedures to be used by an individual or
51	51	entity to report information about a missing senior citizen or
52	52	person with Alzheimer's disease to designated media outlets in
53	53	Texas.
54	54	SECTION 5. Section 411.386, Government Code, is amended to
55	55	read as follows:
56	56	Sec. 411.386. NOTIFICATION TO DEPARTMENT OF MISSING SENIOR
57	57	CITIZEN OR PERSON WITH ALZHEIMER'S DISEASE. (a) A local law
58	58	enforcement agency may notify the department if the agency:
59	59	(1) receives notice of a missing senior citizen or
60	60	person with Alzheimer's disease;
61	61	(2) verifies that at the time the senior citizen or
62	62	person with Alzheimer's disease is reported missing:
63	63	(A) the person reported missing:
64	64	(i) is 65 years of age or older and has an
65	65	impaired mental condition; or
66	66	(ii) is a person with Alzheimer's disease;
67	67	and
68	68	(B) the person's [senior citizen's] location is
69	69	unknown; and
70	70	[(C) the senior citizen has an impaired mental
71	71	condition; and]
72	72	(3) determines that the person's [senior citizen's]
73	73	disappearance poses a credible threat to the person's [senior
74	74	citizen's] health and safety.
75	75	(b) The local law enforcement agency shall:
76	76	(1) require the family or legal guardian of the
77	77	missing senior citizen or person with Alzheimer's disease to
78	78	provide documentation of the person's age and [senior citizen's
79	79	impaired mental] condition to verify the person's status
80	80	[condition] as described [required] by Subsection (a)(2)(A)
81	81	[(a)(2)(C)]; and
82	82	(2) as soon as practicable, determine whether the
83	83	person's [senior citizen's] disappearance poses a credible threat
84	84	to the person's [senior citizen's] health and safety for purposes of
85	85	Subsection (a)(3).
86	86	SECTION 6. Section 411.387(b), Government Code, is amended
87	87	to read as follows:
88	88	(b) In issuing the alert, the department shall send the
89	89	alert to designated media outlets in Texas. Following receipt of
90	90	the alert, participating radio stations and[,] television
91	91	stations[,] and other participating media outlets may issue the
92	92	alert at designated intervals to assist in locating the missing
93	93	senior citizen or person with Alzheimer's disease.
94	94	SECTION 7. Section 411.388, Government Code, is amended to
95	95	read as follows:
96	96	Sec. 411.388. CONTENT OF SILVER ALERT. The alert must
97	97	include:
98	98	(1) all appropriate information that is provided by
99	99	the local law enforcement agency and that may lead to the safe
100	100	recovery of the missing senior citizen or person with Alzheimer's
101	101	disease; and
102	102	(2) a statement instructing any person with
103	103	information related to the missing senior citizen or person with
104	104	Alzheimer's disease to contact a local law enforcement agency.
105	105	SECTION 8. Section 411.389, Government Code, is amended to
106	106	read as follows:
107	107	Sec. 411.389. TERMINATION OF SILVER ALERT. (a) The
108	108	director shall terminate any activation of the alert with respect
109	109	to a particular missing senior citizen or person with Alzheimer's
110	110	disease not later than the earlier of the date on which:
111	111	(1) the missing person [senior citizen] is located or
112	112	the situation is otherwise resolved; or
113	113	(2) the notification period ends, as determined by
114	114	department rule.
115	115	(b) A local law enforcement agency that locates a missing
116	116	senior citizen or person with Alzheimer's disease who is the
117	117	subject of an alert under this subchapter shall notify the
118	118	department as soon as possible that the missing person [senior
119	119	citizen] has been located.
120	120	SECTION 9. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2017.
125	125	* * * * *