CHAPTER 279
HB 279-FN – FINAL VERSION
24Mar2009… 0255h
05/13/09 1537s
10Jun2009… 2083eba
2009 SESSION
01/05
HOUSE BILL 279-FN
AN ACT relative to certain missing persons.
SPONSORS: Rep. Batula, Hills 19; Rep. Rosenwald, Hills 22; Rep. Tilton, Merr 6; Rep. Case, Rock 1; Rep. Emerson, Ches 7; Sen. Gatsas, Dist 16; Sen. Roberge, Dist 9; Sen. Sgambati, Dist 4; Sen. D'Allesandro, Dist 20
COMMITTEE: Criminal Justice and Public Safety
This bill establishes an alert program for missing persons with a developmental disability and for missing senior citizens.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Mar2009… 0255h
05/13/09 1537s
10Jun2009… 2083eba
09-0219
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to certain missing persons.
Be it Enacted by the Senate and House of Representatives in General Court convened:
279:1 Statement of Intent. The general court finds that in the case of a missing person with developmental disabilities or a missing senior citizen the first few hours are critical in finding such person. Therefore, the general court hereby establishes an alert program to aid in the identification and location of missing persons with developmental disabilities and missing senior citizens.
279:2 Missing Persons; Chapter Heading Changed. Amend the chapter heading of RSA 106-J to read as follows:
MISSING ADULTS, PERSONS WITH DEVELOPMENTAL
DISABILITIES, AND SENIOR CITIZENS
279:3 New Subdivision; Missing Persons With a Developmental Disability and Missing Senior Citizen Alert Program. Amend RSA 106-J by inserting after section 2 the following new subdivision:
Missing Persons With a Developmental Disability
and Missing Senior Citizen Alert Program
106-J:3 Definitions. In this subdivision:
I. “Department” means the department of safety.
II. “Missing person with developmental disabilities” means a person:
(a) Whose whereabouts are unknown;
(b) Whose domicile at the time he or she is reported missing is in New Hampshire;
(c) Who has a verified developmental disability; and
(d) Whose disappearance poses a credible threat to the safety and health of himself or herself, as determined by a local law enforcement agency.
III. “Missing senior citizen” means a person:
(a) Whose whereabouts are unknown;
(b) Whose domicile at the time he or she is reported missing is in New Hampshire;
(c) Whose age at the time he or she is first reported missing is 55 years of age or older and who has a verified impaired mental condition; and
(d) Whose disappearance poses a credible threat to the safety and health of the person, as determined by a local law enforcement agency.
106-J:4 Program Established.
I. The department shall establish an alert program for missing persons with a developmental disability and missing senior citizens.
II.(a) When a local law enforcement agency receives notice that a senior citizen is missing, the agency shall require the senior citizen’s family or legal guardian to provide information relative to the senior citizen’s impaired mental condition. The local law enforcement agency shall follow a procedure to verify that the senior citizen is missing and has an impaired mental condition. Once the local law enforcement agency verifies that the senior citizen is missing and has a verified impaired mental condition, the local law enforcement agency shall notify the department.
(b) When a local law enforcement agency receives notice that a person with developmental disabilities is missing, the agency shall require the family, legal guardian, or service provider of the missing person with developmental disabilities to provide information relative to the person’s developmental disability. The local law enforcement agency shall follow a procedure to verify the person is missing and has a developmental disability. Once the local law enforcement agency verifies the person with developmental disabilities is missing, the local law enforcement agency shall notify the department.
III. When notified by a local law enforcement agency that a senior citizen is missing and has a verified impaired mental condition or a person with developmental disabilities is missing, the department shall confirm the accuracy of the information and then issue an alert. The alert shall be sent to designated media outlets in New Hampshire. Participating radio stations, television stations, and other media outlets may issue the alert at designated intervals. The alert shall include all appropriate information from the local law enforcement agency that may assist in the safe recovery of the missing senior citizen or missing person with developmental disabilities and a statement instructing anyone with information related to the missing senior citizen or missing person with developmental disabilities to contact his or her local law enforcement agency.
IV. The alert shall be cancelled upon notification to the department that the missing senior citizen or missing person with developmental disabilities has been found or at the end of the notification period, whichever occurs first. A local law enforcement agency that locates a missing senior citizen or missing person with developmental disabilities who is the subject of an alert shall notify the department as soon as possible that the missing senior citizen or missing person with developmental disabilities has been located.
106-J:5 Rulemaking. The commissioner of the department shall adopt rules, pursuant to RSA 541-A, relative to:
I. Procedures for a local law enforcement agency to use to verify whether a senior citizen or person with developmental disabilities is missing and to verify whether a senior citizen has an impaired mental condition or a person has a developmental disability and the circumstances under which the agency shall report the missing senior citizen or missing person with developmental disabilities to the department.
II. The process to be followed by the department in confirming the local law enforcement agency’s information.
III. The process for reporting the information to designated media outlets in New Hampshire.
279:4 Effective Date. This act shall take effect July 1, 2010.
Approved: July 29, 2009
Effective Date: July 1,2010