SENATORS Coughlin, Wachtmann, Armbruster, Jacobson, Blessing, Mumper, Spada, Goodman, Harris, Austria, Randy Gardner, Robert Gardner, Nein, Amstutz, Brady, Carnes, Fingerhut, Hottinger, Jordan

To enact sections 5502.52 and 5502.521 of the Revised

1

Code to create the statewide emergency alert

2

program to aid in the identification and location

3

of abducted children, to establish activation

4

criteria for the implementation of the program, to

5

create the Ohio Emergency Alert Advisory Committee,

6

and to declare an emergency.

7

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

Section 1. That sections 5502.52 and 5502.521 of the Revised	8
Code be enacted to read as follows:	9

Sec. 5502.52. (A) There is hereby created the statewide	10
emergency alert program to aid in the identification and location	11
of children who are under eighteen years of age, who are abducted,	12
and whose abduction, as determined by a law enforcement agency,	13
poses a credible threat of immediate danger of serious bodily harm	14
or death to a child. The program shall be a coordinated effort	15
among the governor's office, the department of public safety, law	16
enforcement agencies, and the state's public and commercial	17
television and radio broadcasters.	18

(B) The statewide emergency alert program shall not be	19
implemented unless all of the following activation criteria are	20
met:	21

(1) An abducted child is under eighteen years of age.

22

(2) The abduction poses a credible threat of immediate	23
danger of serious bodily harm or death to a child.	24

(3) A law enforcement agency determines that the child is not	25
a runaway and has not been abducted as a result of a child custody	26
dispute, unless the dispute poses a credible threat of immediate	27
danger of serious bodily harm or death to the child.	28

(4) There is sufficient descriptive information about the	29
child, the abductor, and the circumstances surrounding the	30
abduction to indicate that activation of the alert will help	31
locate the child.	32

(C) Nothing in division (B) of this section prevents the	33
activation of a local or regional emergency alert program that may	34
impose different criteria for the activation of a local or	35
regional plan.	36

(D) As used in this section:

37

(1) "Abducted child" means a child for whom there is	38
credible evidence to believe that the child has been abducted in	39
violation of section 2905.01, 2905.02, 2905.03, or 2905.05 of the	40
Revised Code.	41

(2) "Law enforcement agency" includes, but is not limited	42
to, a county sheriff's office, the office of a village marshal, a	43
police department of a municipal corporation, a police force of a	44
regional transit authority, a police force of a metropolitan	45
housing authority, the state highway patrol, a state university	46
law enforcement agency, the office of a township police constable,	47
and the police department of a township or joint township police	48
district.	49

Sec. 5502.521. (A) There is hereby created the Ohio emergency	50
alert advisory committee, consisting of eleven members to be	51
appointed by the governor. The committee shall advise the	52
governor, the department of public safety, and law enforcement	53
agencies on an ongoing basis on the implementation, operation,	54
improvement, and evaluation of the statewide emergency alert	55
program created under section 5502.52 of the Revised Code.	56

(B) Initial appointments to the committee shall be made	57
within thirty days after the effective date of this section. Terms	58
of office shall be for two years. Members may be reappointed.	59
Vacancies shall be filled in the same manner as provided for	60
original appointments.	61

(C) The committee shall consist of the following:

62

(1) A representative from the governor's office;

63

(2) Three representatives from the department of public	64
safety, one representing the state highway patrol and two	65
representing the emergency management agency;	66

(3) A representative from the attorney general's office;

67

(4) A representative from the federal bureau of	68
investigation;	69

(5) A representative from a statewide association	70
representing county sheriffs;	71

(6) A representative from a statewide association	72
representing police chiefs;	73

(7) A representative from the broadcast industry;

74

(8) A victim of an abduction, or an advocate or family member	75
of an abducted child;	76

(9) A representative from a political subdivision or region	77
with a local or regional emergency alert program.	78

(D) At the initial meeting of the committee, the members	79
shall select one member to serve as chairperson for a two-year	80
term.	81

(E) The committee may meet periodically to review and	82
evaluate the operation and effectiveness of the statewide	83
emergency alert program, develop recommendations for procedures to	84
improve the efficiency and effectiveness of the program, and work	85
in a coordinated effort to make recommendations for needed	86
legislative change.	87

(F) The governor's office shall provide any staff assistance	88
or meeting locations necessary for the committee.	89

(G) Members of the committee shall serve without	90
compensation.	91

Section 2. This act is hereby declared to be an emergency	92
measure necessary for the immediate preservation of the public	93
peace, health, and safety. The reason for the necessity is that	94
the expedient creation and development of a statewide emergency	95
alert program will deter child abductions and immediately aid in	96
the recovery of abducted children. Therefore, this act shall go	97
into immediate effect.	98