SENATORS Coughlin, Wachtmann, Armbruster, Jacobson, Blessing, Mumper, Spada, Goodman, Harris, Austria, Randy Gardner, Robert Gardner, Nein

To enact section 5502.52 of the Revised Code to

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require the Department of Public Safety to

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establish rules for the implementation of an

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emergency alert program to aid in the

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identification and location of abducted children

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and to declare an emergency.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5502.52 of the Revised Code be	7
enacted to read as follows:	8

Sec. 5502.52. (A) The department of public safety shall adopt	9
rules in accordance with Chapter 119. of the Revised Code for the	10
creation and implementation of a statewide emergency alert program	11
to aid in the identification and location of children who are	12
under eighteen years of age, who are abducted, and whose	13
abduction, as determined by a law enforcement agency, poses a	14
credible threat to the health and safety of the child. The	15
program shall be a coordinated effort among the department, law	16
enforcement agencies, and the state's public and commercial	17
television and radio broadcasters.	18

(B) The rules shall include, but are not limited to, all of	19
the following:	20

(1) Guidelines for a law enforcement agency to determine	21
when the statewide emergency alert program should be implemented	22
that include, but are not limited to, all of the following:	23

(a) The abducted child must be under eighteen years of age.

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(b) The abduction must pose a credible threat to the health	25
and safety of the child.	26

(c) The law enforcement agency must determine that the child	27
is not a runaway and has not been abducted as a result of a child	28
custody dispute.	29

(2) A procedure that a law enforcement agency follows to	30
verify that a child has been abducted and to notify the department	31
of the abduction;	32

(3) A procedure for the department to verify the accuracy	33
of the information it receives from a law enforcement agency;	34

(4) A procedure for notifying the emergency management	35
agency that is established under section 5502.22 of the Revised	36
Code of a child abduction and ordering the agency to issue an	37
alert through the statewide emergency alert program;	38

(5) A procedure for notifying state public and commercial	39
television and radio stations of the issuance of an alert;	40

(6) Guidelines detailing the appropriate information that a	41
law enforcement agency may release to assist in the safe recovery	42
of an abducted child;	43

(7) A procedure for the cancellation of an alert.

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(C) All law enforcement agencies shall comply with the rules	45
adopted in accordance with this section.	46

(D) The department of public safety shall adopt the rules	47
described in this section by January 2, 2003.	48

(E) As used in this section:

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(1) "Abducted child" means a child for whom there is	50
credible evidence to believe that the child has been abducted in	51
violation of section 2905.01, 2905.02, 2905.03, or 2905.05 of the	52
Revised Code.	53

(2) "Law enforcement agency" includes, but is not limited	54
to, a county sheriff's department, the office of a village	55
marshal, a police department of a municipal corporation, a police	56
force of a regional transit authority, a police force of a	57
metropolitan housing authority, the state highway patrol, a state	58
university law enforcement agency, the office of a township police	59
constable, and the police department of a township or joint	60
township police district.	61

Section 2. This act is hereby declared to be an emergency	62
measure necessary for the immediate preservation of the public	63
peace, health, and safety. The reason for such necessity is that	64
the expedient development of a statewide emergency alert program	65
will deter child abductions and immediately aid in the recovery of	66
abducted children. Therefore, this act shall go into immediate	67
effect.	68