REPRESENTATIVES Womer Benjamin, Latta, Flannery, Barrett, Allen, Hughes, Peterson, Grendell, DeWine, Clancy, Webster, Metzger, Evans, Faber, Wilson, Fedor, Jerse, D. Miller, Schmidt, Raga, Core, Hartnett, Widowfield

To enact sections 5502.52 and 5502.521 of the Revised

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Code to create the statewide emergency alert

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program to aid in the identification and location

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of abducted children, to establish activation

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criteria for the implementation of the program, to

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create the AMBER Alert Advisory Committee, and to

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declare an emergency.

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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, the	16
attorney general, law enforcement agencies, the state's public	17
and commercial television and radio broadcasters, and others as	18
deemed necessary by the governor.	19

(B) The statewide emergency alert program shall not be	20
implemented unless all of the following activation criteria are	21
met:	22

(1) The local investigating law enforcement agency confirms	23
that an abduction has occurred.	24

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

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(3) The abduction poses a credible threat of immediate	26
danger of serious bodily harm or death to a child.	27

(4) A law enforcement agency determines that the child is not	28
a runaway and has not been abducted as a result of a child custody	29
dispute, unless the dispute poses a credible threat of immediate	30
danger of serious bodily harm or death to the child.	31

(5) There is sufficient descriptive information about the	32
child, the abductor, and the circumstances surrounding the	33
abduction to indicate that activation of the alert will help	34
locate the child.	35

(C) Nothing in division (B) of this section prevents the	36
activation of a local or regional emergency alert program that may	37
impose different criteria for the activation of a local or	38
regional plan.	39

(D) As used in this section:

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(1) "Abducted child" means a child for whom there is	41
credible evidence to believe that the child has been abducted in	42
violation of section 2905.01, 2905.02, 2905.03, or 2905.05 of the	43
Revised Code.	44

(2) "Law enforcement agency" includes, but is not limited	45
to, a county sheriff's office, the office of a village marshal, a	46
police department of a municipal corporation, a police force of a	47
regional transit authority, a police force of a metropolitan	48
housing authority, the state highway patrol, a state university	49
law enforcement agency, the office of a township police constable,	50
and the police department of a township or joint township police	51
district.	52

Sec. 5502.521. (A) There is hereby created the AMBER alert	53
advisory committee, consisting of members to be appointed by the	54
governor. The committee shall advise the governor, the attorney	55
general, the department of public safety, and law enforcement	56
agencies on an ongoing basis on the implementation, operation,	57
improvement, and evaluation of the statewide emergency alert	58
program created under section 5502.52 of the Revised Code.	59

(B) Initial appointments to the committee shall be made	60
within thirty days after the effective date of this section. Terms	61
of office shall be for two years. Members may be reappointed.	62
Vacancies shall be filled in the same manner as provided for	63
original appointments.	64

(C) The committee shall include, but not be limited to, the	65
following:	66

(1) The governor's designee;

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(2) A representative from the department of public safety,	68
representing the emergency management agency;	69

(3) A representative from the department of public safety,	70
representing the state highway patrol;	71

(4) A representative from the attorney general's	72
office--missing children clearing house;	73

(5) A representative from the state emergency communications	74
committee;	75

(6) A representative from the federal bureau of	76
investigation;	77

(7) A representative from the buckeye state sheriffs	78
association;	79

(8) A representative from the Ohio association of chiefs of	80
police;	81

(9) A broadcast industry designee;

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(10) A victim or a victim's advocate;

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(11) A representative from a local or regional AMBER plan;

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(12) A representative of any other agency or organization as	85
deemed appropriate by the governor.	86

(D) The governor shall select one member to serve as	87
chairperson for a two-year term.	88

(E) The committee may meet periodically to review and	89
evaluate the operation and effectiveness of the statewide	90
emergency alert program, develop recommendations for procedures to	91
improve the efficiency and effectiveness of the program, and work	92
in a coordinated effort to make recommendations for needed	93
legislative change.	94

(F) Members of the committee shall serve without	95
compensation.	96

Section 2. This act is hereby declared to be an emergency	97
measure necessary for the immediate preservation of the public	98
peace, health, and safety. The reason for the necessity is that	99
the expedient creation and development of a statewide emergency	100
alert program will deter child abductions and immediately aid in	101
the recovery of abducted children. Therefore, this act shall go	102
into immediate effect.	103