SB 46 – FINAL VERSION
SENATE BILL 46
This bill requires the attorney general to establish uniform procedures for law enforcement officials when receiving reports of missing adults.
The bill also requires law enforcement agencies to immediately complete a missing person report and provide identifying and descriptive information to the National Crime Information Center, if an adult is reported missing under certain circumstances.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the duties of law enforcement officials upon receiving reports of missing adults.
Be it Enacted by the Senate and House of Representatives in General Court convened:
247:1 Attorney General; Law Enforcement Manual; Missing Adults. Amend RSA 7:6-a to read as follows:
7:6-a Law Enforcement Manual. Under the direction of the attorney general there shall be prepared and distributed from time to time a law enforcement manual, with revisions and supplements. This manual shall contain interpretations of law pertaining to the duties of peace officers, law of arrest, admissibility of evidence, trial procedure, instructions in the handling of missing child and missing adult cases, and such other material as the attorney general deems necessary. This manual and its revisions and supplements shall be for distribution to such law enforcement officials as the attorney general may determine upon the payment of such price therefor as determined by the attorney general, and in addition at no charge one copy to each member of the general court requesting the same and 6 copies to the office of legislative services.
247:2 New Section; Missing Adults. Amend RSA 7 by inserting after section 10-a the following new section:
7:10-b Missing Adults. The attorney general shall establish uniform procedures for law enforcement agencies to follow when receiving reports of missing adult persons and conducting investigations to determine whether the person is missing. These procedures shall include methods of communicating descriptive information about the missing person to other law enforcement agencies, to the extent allowed by federal law.
247:3 New Chapter; Missing Adults. Amend RSA by inserting after chapter 106-I the following new chapter:
106-J:1 Definitions. In this chapter, “missing adult” means any person:
I. Who is 18 years of age or older;
II. Whose residence is in New Hampshire or is believed to be in New Hampshire;
III. Who has been reported to a law enforcement agency as missing; and
IV. Who falls within one of the following categories:
(a) The person is under proven physical or mental disability or is senile, thereby subjecting himself or herself or others to personal and immediate danger;
(b) The circumstances indicate that the person’s physical safety may be in danger;
(c) The circumstances indicate that the person’s disappearance may not have been voluntary; or
(d) The person is missing after a catastrophe.
I. Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report by providing identifying and descriptive information about the missing adult within 72 hours to the National Crime Information Center (NCIC) for inclusion in the missing person file of its computerized database.
II. It shall be the duty of the initial investigating law enforcement agency to immediately notify the NCIC when the missing adult is located or returned.
III. The provisions of this chapter are not intended to remove the discretion of a law enforcement agency to notify the NCIC when an adult is missing under circumstances other than those specified in RSA 106-J:1, IV, when the law enforcement agency has reasonable concern for such adult’s safety.
247:4 Effective Date. This act shall take effect 60 days after its passage.
(Approved: July 14, 2005)
(Effective Date: September 12, 2005)