Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB981 Compare Versions

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Version 2 (New)

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1		-	Date of enactment: April 9, 2024
2		-	2023 Senate Bill 981 Date of publication*: April 10, 2024
3		-	2023 WISCONSIN ACT 272
4		-	AN ACT to renumber and amend 175.51 (1m) (a); to amend 165.785 (2m) (a) 1. and 2., 165.785 (2m) (b), 175.51
5		-	(title) and 175.51 (1m) (b); and to create 175.51 (1m) (a) 2. of the statutes; relating to: expanding alerts for missing
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 981
	5	+	January 30, 2024 - Introduced by Senators JAMES, L. JOHNSON, SMITH and WIRCH,
	6	+	cosponsored by Representatives STUBBS, SPIROS, BARE, CONLEY, DITTRICH,
	7	+	GUNDRUM, JACOBSON, JOERS, MAXEY, MOORE OMOKUNDE, NOVAK, O'CONNOR,
	8	+	ORTIZ-VELEZ, RATCLIFF, SINICKI and SUMMERFIELD. Referred to Committee on
	9	+	Mental Health, Substance Abuse Prevention, Children and Families.
	10	+	*AUTHORS SUBJECT TO CHANGE*
	11	+	AN ACT to renumber and amend 175.51 (1m) (a); to amend 165.785 (2m) (a)
	12	+	1. and 2., 165.785 (2m) (b), 175.51 (title) and 175.51 (1m) (b); and to create
	13	+	175.51 (1m) (a) 2. of the statutes; relating to: expanding alerts for missing
6	14		adults to include certain missing children.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
9		-	SECTION 1. 165.785 (2m) (a) 1. and 2. of the statutes
10		-	are amended to read:
11		-	165.785 (2m) (a) 1. The department shall provide a
12		-	form for reports of missing adults persons at risk under
13		-	s. 175.51 (1m) and missing veterans at risk under s.
14		-	175.51 (1v) that law enforcement agencies can access
15		-	through the integrated crime alert network.
16		-	2. The department shall train law enforcement offi-
17		-	cers on identifying reports of adults persons at risk that
18		-	are appropriate for dissemination under sub. (1) (b) 2.,
19		-	using the form provided under subd. 1., and accessing the
20		-	network to disseminate the report.
21		-	SECTION 2. 165.785 (2m) (b) of the statutes is
22		-	amended to read:
23		-	165.785 (2m) (b) The department shall work directly
24		-	with persons on the list maintained under par. (c) and with
25		-	government agencies, broadcasters, and public and pri-
26		-	vate organizations with missions focused on adults per-
27		-	sons or veterans at risk to develop criteria for law
28		-	enforcement officers to use to identify reports of missing
29		-	adults persons or veterans at risk that are appropriate to
30		-	disseminate under s. 175.51 (1m) or (1v), to determine
31		-	the most effective methods and guidelines for the persons
32		-	on the list maintained under par. (c) to use to broadcast or
33		-	make public reports of missing adults persons or veterans
34		-	at risk, and to receive feedback on the forms provided
35		-	under par. (a) 1. and on the list maintained under par. (c).
36		-	SECTION 3. 175.51 (title) of the statutes is amended
37		-	to read:
38		-	175.51 (title) Reports of missing adults persons
39		-	and veterans at risk and of hit−and−run incidents.
40		-	SECTION 4. 175.51 (1m) (a) of the statutes is renum-
41		-	bered 175.51 (1m) (a) (intro.) and amended to read:
42		-	175.51 (1m) (a) (intro.) In this subsection, “adult
43		-	“person at risk” means an one of the following:
44		-	1. An adult who has a developmental disability, who
45		-	suffers from Alzheimer’s disease or dementia, or who
46		-	suffers from or could, without access to medication, suf-
47		-	fer from cognitive impairment if the impairment would
48		-	likely render the adult incapable of getting to a familiar
49		-	location without assistance.
50		-	SECTION 5. 175.51 (1m) (a) 2. of the statutes is cre-
51		-	ated to read:
52		-	175.51 (1m) (a) 2. A person who has not attained the
53		-	age of 18 years, whose location is unknown, and whose
54		-	situation does not qualify for another alert and the person
55		-	is believed to be incapable of returning home without
56		-	assistance due to a physical or mental condition or dis-
57		-	ability or the person has not attained the age of 10 years.
58		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
59		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 272 2023 Senate Bill 981
60		-	SECTION 6. 175.51 (1m) (b) of the statutes is
61		-	amended to read:
62		-	175.51 (1m) (b) If a law enforcement agency
63		-	receives a report of a missing adult person at risk, the law
64		-	enforcement agency shall use the form under s. 165.785
65		-	(2m) (a) 1. to disseminate the report using the integrated
66		-	crime alert network.
	15	+	Analysis by the Legislative Reference Bureau
	16	+	The Department of Justice currently administers several alert systems, under
	17	+	which DOJ works with law enforcement agencies, broadcasters, and others to
	18	+	disseminate information regarding certain cases involving endangered children,
	19	+	missing adults at risk, and veterans at risk. These alerts are commonly known
	20	+	respectively as Amber Alerts, Silver Alerts, or Green Alerts.
	21	+	Under current law, the Silver Alert applies to a missing person who is at least
	22	+	18 if the person has a developmental disability or suffers from dementia, or who
	23	+	could, without access to medication, suffer from cognitive impairment that would
	24	+	likely render the adult incapable of getting to a familiar location alone. This bill
	25	+	expands the Silver Alert to include children if the situation is not covered by the
	26	+	Amber Alert, which requires a reasonable belief by law enforcement that the child
	27	+	was abducted and is in imminent danger of serious bodily injury or death and that
	28	+	if sufficient information is shared with the public, the alert will assist in finding the
	29	+	child. Under this bill, a Silver Alert could be issued for a missing person under 18
	30	+	to whom an Amber Alert does not apply if the person is believed to be incapable of
	31	+	returning home without assistance due to a physical or mental condition or disability
	32	+	or if the person is under 10.
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	38	+	SENATE BILL 981
	39	+	For further information see the state and local fiscal estimate, which will be
	40	+	printed as an appendix to this bill.
	41	+	The people of the state of Wisconsin, represented in senate and assembly, do
	42	+	enact as follows:
	43	+	SECTION 1. 165.785 (2m) (a) 1. and 2. of the statutes are amended to read:
	44	+	165.785 (2m) (a) 1. The department shall provide a form for reports of missing
	45	+	adults persons at risk under s. 175.51 (1m) and missing veterans at risk under s.
	46	+	175.51 (1v) that law enforcement agencies can access through the integrated crime
	47	+	alert network.
	48	+	2. The department shall train law enforcement officers on identifying reports
	49	+	of adults persons at risk that are appropriate for dissemination under sub. (1) (b) 2.,
	50	+	using the form provided under subd. 1., and accessing the network to disseminate
	51	+	the report.
	52	+	SECTION 2. 165.785 (2m) (b) of the statutes is amended to read:
	53	+	165.785 (2m) (b) The department shall work directly with persons on the list
	54	+	maintained under par. (c) and with government agencies, broadcasters, and public
	55	+	and private organizations with missions focused on adults persons or veterans at
	56	+	risk to develop criteria for law enforcement officers to use to identify reports of
	57	+	missing adults persons or veterans at risk that are appropriate to disseminate under
	58	+	s. 175.51 (1m) or (1v), to determine the most effective methods and guidelines for the
	59	+	persons on the list maintained under par. (c) to use to broadcast or make public
	60	+	reports of missing adults persons or veterans at risk, and to receive feedback on the
	61	+	forms provided under par. (a) 1. and on the list maintained under par. (c).
	62	+	SECTION 3. 175.51 (title) of the statutes is amended to read:
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	85	+	SECTION 3
	86	+	SENATE BILL 981
	87	+	175.51 (title) Reports of missing adults persons and veterans at risk
	88	+	and of hit-and-run incidents.
	89	+	SECTION 4. 175.51 (1m) (a) of the statutes is renumbered 175.51 (1m) (a) (intro.)
	90	+	and amended to read:
	91	+	175.51 (1m) (a) (intro.) In this subsection, “adult “person at risk" means an one
	92	+	of the following:
	93	+	1. An adult who has a developmental disability, who suffers from Alzheimer's
	94	+	disease or dementia, or who suffers from or could, without access to medication,
	95	+	suffer from cognitive impairment if the impairment would likely render the adult
	96	+	incapable of getting to a familiar location without assistance.
	97	+	SECTION 5. 175.51 (1m) (a) 2. of the statutes is created to read:
	98	+	175.51 (1m) (a) 2. A person who has not attained the age of 18 years, whose
	99	+	location is unknown, and whose situation does not qualify for another alert and the
	100	+	person is believed to be incapable of returning home without assistance due to a
	101	+	physical or mental condition or disability or the person has not attained the age of
	102	+	10 years.
	103	+	SECTION 6. 175.51 (1m) (b) of the statutes is amended to read:
	104	+	175.51 (1m) (b) If a law enforcement agency receives a report of a missing adult
	105	+	person at risk, the law enforcement agency shall use the form under s. 165.785 (2m)
	106	+	(a) 1. to disseminate the report using the integrated crime alert network.
	107	+	(END)
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