As Reported by the House State Government and Elections Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 87

Senator Carey 

Cosponsors: Senators Miller, D., Mumper, Padgett, Clancy, Boccieri, Schaffer, Schuler, Mason, Cafaro, Austria, Fedor, Gardner, Goodman, Grendell, Harris, Niehaus, Roberts, Sawyer, Spada, Stivers 

Representatives Daniels, Hite, Stewart, D., Brown, Carmichael, Collier, Domenick, Flowers, Lundy, Schneider, Sykes 

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A BILL

To amend sections 2901.30 and 2901.42 and to enact

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section 5502.522 of the Revised Code to create

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the statewide emergency alert program to aid in

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the identification and location of missing

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individuals who have a mental impairment or are

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sixty-five years of age or older and to establish

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activation criteria for the implementation of the

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program and to make changes in the Missing Persons

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Law relating to missing persons between the ages

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of 18 and 21 and missing children under age 18.

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

Section 1. That sections 2901.30 and 2901.42 be amended and	11
section 5502.522 of the Revised Code be enacted to read as	12
follows:	13

Sec. 2901.30.  (A) As used in sections 2901.30 to 2901.32 of	14
the Revised Code:	15

(1) "Information" means information that can be integrated	16
into the computer system and that relates to the physical or	17
mental description of a minor including, but not limited to,	18
height, weight, color of hair and eyes, use of eyeglasses or	19
contact lenses, skin coloring, physical or mental handicaps,	20
special medical conditions or needs, abnormalities, problems,	21
scars and marks, and distinguishing characteristics, and other	22
information that could assist in identifying a minor including,	23
but not limited to, full name and nickname, date and place of	24
birth, age, names and addresses of parents and other relatives,	25
fingerprints, dental records, photographs, social security number,	26
driver's license number, credit card numbers, bank account	27
numbers, and clothing.	28

(2) "Minor" means a person under eighteen years of age.

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(3) "Missing children" or "missing child" means either of the	30
following:	31

(a) A minor who has run away from or who otherwise is missing	32
from the home of, or the care, custody, and control of, the	33
minor's parents, parent who is the residential parent and legal	34
custodian, guardian, legal custodian, or other person having	35
responsibility for the care of the minor;	36

(b) A minor who is missing and about whom there is reason to	37
believe the minor could be the victim of a violation of section	38
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	39
violation of section 2905.04 of the Revised Code as it existed	40
prior to the effective date of this amendmentJuly1, 1996.	41

(B) When a law enforcement agency in this state that has	42
jurisdiction in the matter is informed that a minor is or may be a	43
missing child and that the person providing the information wishes	44
to file a missing child report, the law enforcement agency shall	45
take that report. Upon taking the report, the law enforcement	46
agency shall take prompt action upon it, including, but not	47
limited to, concerted efforts to locate the missing child. No law	48
enforcement agency in this state shall have a rule or policy that	49
prohibits or discourages the filing of or the taking of action	50
upon a missing child report, within a specified period following	51
the discovery or formulation of a belief that a minor is or could	52
be a missing child.	53

(C) If a missing child report is made to a law enforcement	54
agency in this state that has jurisdiction in the matter, the law	55
enforcement agency shall gather readily available information	56
about the missing child and integrate it into the national crime	57
information center computer within twelve hoursimmediately	58
following the making of the report. The law enforcement agency	59
shall make reasonable efforts to acquire additional information	60
about the missing child following the transmittal of the initially	61
available information, and promptly integrate any additional	62
information acquired into such computer systems.	63

Whenever a law enforcement agency integrates information	64
about a missing child into the national crime information center	65
computer, the law enforcement agency promptly shall notify the	66
missing child's parents, parent who is the residential parent and	67
legal custodian, guardian, or legal custodian, or any other person	68
responsible for the care of the missing child, that it has so	69
integrated the information.	70

The parents, parent who is the residential parent and legal	71
custodian, guardian, legal custodian, or other person responsible	72
for the care of the missing child shall provide available	73
information upon request, and may provide information voluntarily,	74
to the law enforcement agency during the information gathering	75
process. The law enforcement agency also may obtain available	76
information about the missing child from other persons, subject to	77
constitutional and statutory limitations.	78

(D) Upon the filing of a missing child report, the law	79
enforcement agency involved promptly shall make a reasonable	80
attempt to notify other law enforcement agencies within its county	81
and, if the agency has jurisdiction in a municipal corporation or	82
township that borders another county, to notify the law	83
enforcement agency for the municipal corporation or township in	84
the other county with which it shares the border, that it has	85
taken a missing child report and may be requesting assistance or	86
cooperation in the case, and provide relevant information to the	87
other law enforcement agencies. The agency may notify additional	88
law enforcement agencies, appropriate public children services	89
agencies, about the case, request their assistance or cooperation	90
in the case, and provide them with relevant information.	91

Upon request from a law enforcement agency, a public children	92
services agency shall grant the law enforcement agency access to	93
all information concerning a missing child that the agency	94
possesses that may be relevant to the law enforcement agency in	95
investigating a missing child report concerning that child. The	96
information obtained by the law enforcement agency shall be used	97
only to further the investigation to locate the missing child.	98

(E) Upon request, law enforcement agencies in this state	99
shall provide assistance to, and cooperate with, other law	100
enforcement agencies in their investigation of missing child	101
cases.	102

The information in any missing child report made to a law	103
enforcement agency shall be made available, upon request, to law	104
enforcement personnel of this state, other states, and the federal	105
government when the law enforcement personnel indicate that the	106
request is to aid in identifying or locating a missing child or	107
the possible identification of a deceased minor who, upon	108
discovery, cannot be identified.	109

(F) When a missing child has not been located within thirty	110
days after the date on which the missing child report pertaining	111
to the child was filed with a law enforcement agency, that law	112
enforcement agency shall request the missing child's parents,	113
parent who is the residential parent and legal custodian,	114
guardian, or legal custodian, or any other person responsible for	115
the care of the missing child, to provide written consent for the	116
law enforcement agency to contact the missing child's dentist and	117
request the missing child's dental records. Upon receipt of such	118
written consent, the dentist shall release a copy of the missing	119
child's dental records to the law enforcement agency and shall	120
provide and encode the records in such form as requested by the	121
law enforcement agency. The law enforcement agency then shall	122
integrate information in the records into the national crime	123
information center computer in order to compare the records to	124
those of unidentified deceased persons. This division does not	125
prevent a law enforcement agency from seeking consent to obtain	126
copies of a missing child's dental records, or prevent a missing	127
child's parents, parent who is the residential parent and legal	128
custodian, guardian, or legal custodian, or any other person	129
responsible for the care of the missing child, from granting	130
consent for the release of copies of the missing child's dental	131
records to a law enforcement agency, at any time.	132

(G) A missing child's parents, parent who is the residential	133
parent and legal custodian, guardian, or legal custodian, or any	134
other persons responsible for the care of a missing child,	135
immediately shall notify the law enforcement agency with which	136
they filed the missing child report whenever the child has	137
returned to their home or to their care, custody, and control, has	138
been released if the missing child was the victim of an offense	139
listed in division (A)(3)(b) of this section, or otherwise has	140
been located. Upon such notification or upon otherwise learning	141
that a missing child has returned to the home of, or to the care,	142
custody, and control of the missing child's parents, parent who is	143
the residential parent and legal custodian, guardian, legal	144
custodian, or other person responsible for the missing child's	145
care, has been released if the missing child was the victim of an	146
offense listed in division (A)(3)(b) of this section, or otherwise	147
has been located, the law enforcement agency involved promptly	148
shall integrate the fact that the minor no longer is a missing	149
child into the national crime information center computer.	150

(H) Nothing contained in this section shall be construed to	151
impair the confidentiality of services provided to runaway minors	152
by shelters for runaway minors pursuant to sections 5119.64 to	153
5119.68 of the Revised Code.	154

Sec. 2901.42.  (A) If a law enforcement agency receives aan	155
initial report or receives additional information for the report	156
that a person who is at least eighteen but less than twenty-one	157
years of age is missing and if there is evidence that the person	158
was a victim of foul play at the time the victim is reported	159
missing, the law enforcement agency shall make available through	160
the law enforcement automated data systemnational crime	161
information center all information contained in the report not	162
later than seven daysimmediately after the law enforcement	163
agency receives the report or additional information. If there is	164
no evidence that the person was a victim of foul play, the law	165
enforcement agency shall make the information available in the	166
law enforcement automated data system not later than thirty days	167
after receiving the report that the person is missing.	168

(B)(1) If a law enforcement agency receives a report that a	169
person who is twenty-one years of age or older is missing and if	170
there is evidence that the person was a victim of foul play at the	171
time the victim is reported missing, the law enforcement agency	172
shall make available through the national crime information center	173
all information contained in the report not later than seven days	174
after the law enforcement agency receives the report. If there is	175
no evidence that the person was a victim of foul play, and no	176
evidence to the contrary is received, the law enforcement agency	177
shall make the information available through the national crime	178
information center not later than thirty days after receiving the	179
report that the person is missing.	180

(2) If a law enforcement agency receives a report that a	181
person who is twenty-one years of age or older is missing and	182
there is no evidence of foul play at the time the agency receives	183
the report and if the agency discovers after the law enforcement	184
agency receives the report but before the end of the seven-day	185
period under division (A)(B)(1) of this section evidence that the	186
person who is missing was a victim of foul play, the law	187
enforcement agency shall make available through the law	188
enforcement automated data systemnational crime information	189
center all information contained in the report by the end of that	190
seven-day period. If a law enforcement agency receives a report	191
that a person who is twenty-one years of age or older is missing	192
and there is no evidence of foul play at the time the agency	193
receives the report and if the agency discovers after the end of	194
the seven-day period under division (A)(B)(1) of this section	195
evidence that the person who is missing was a victim of foul	196
play, the law enforcement agency shall make available through	197
the law enforcement automated data systemnational crime	198
information center all information contained in the report not	199
later than forty-eight hours after discovering the evidence that	200
the person was a victim of foul play.	201

(C) If a law enforcement agency pursuant to divisions (A) and	202
(B) of this section made available through the law enforcement	203
automated data systemnational crime information center	204
information contained in a report that a person is missing and	205
the missing person is found, the agency shall promptly remove	206
that information from the law enforcement automated data system.	207

(D) As used in this section, indicators that a person was a	208
victim of "foul play" include, but are not limited to, evidence	209
that the person's home or car is in disarray, evidence of a	210
struggle between the person and another person, or evidence a law	211
enforcement agency determines to be foul play through the written	212
policy the law enforcement agency develops and adopts pursuant to	213
division (B) of section 2901.41 of the Revised Code.	214

Sec. 5502.522.  (A) There is hereby created the statewide	215
emergency alert program to aid in the identification and location	216
of any individual who has a mental impairment or is sixty-five	217
years of age or older, who is or is believed to be a temporary or	218
permanent resident of this state, is at a location that cannot be	219
determined by an individual familiar with the missing individual,	220
and is incapable of returning to the missing individual's	221
residence without assistance, and whose disappearance, as	222
determined by a law enforcement agency, poses a credible threat of	223
immediate danger of serious bodily harm or death to the missing	224
individual. The program shall be a coordinated effort among the	225
governor's office, the department of public safety, the attorney	226
general, law enforcement agencies, the state's public and	227
commercial television and radio broadcasters, and others as	228
determined necessary by the governor. No name shall be given to	229
the program created under this division that conflicts with any	230
alert code standards that are required by federal law and that	231
govern the naming of emergency alert programs.	232

(B) The statewide emergency alert program shall not be	233
implemented unless all of the following activation criteria are	234
met:	235

(1) The local investigating law enforcement agency confirms	236
that the individual is missing.	237

(2) The individual is sixty-five years of age or older or has	238
a mental impairment.	239

(3) The disappearance of the individual poses a credible	240
threat of immediate danger of serious bodily harm or death to the	241
individual.	242

(4) There is sufficient descriptive information about the	243
individual and the circumstances surrounding the individual's	244
disappearance to indicate that activation of the alert will help	245
locate the individual.	246

(C) Nothing in division (B) of this section prevents the	247
activation of a local or regional emergency alert program that may	248
impose different criteria for the activation of a local or	249
regional plan.	250

(D) Any radio broadcast station, television broadcast	251
station, or cable system participating in the statewide emergency	252
alert program or in any local or regional emergency alert program,	253
and any director, officer, employee, or agent of any station or	254
system participating in either type of alert program, shall not be	255
liable to any person for damages for any loss allegedly caused by	256
or resulting from the station's or system's broadcast or cablecast	257
of, or failure to broadcast or cablecast, any information pursuant	258
to the statewide emergency alert program or the local or regional	259
emergency alert program.	260

(E) A local investigating law enforcement agency shall not be	261
required to notify the statewide emergency alert program that the	262
law enforcement agency has received information that meets the	263
activation criteria set forth in division (B) of this section	264
during the first twenty-four hours after the law enforcement	265
agency receives the information.	266

(F) Nothing in this section shall be construed to authorize	267
the use of the federal emergency alert system unless otherwise	268
authorized by federal law.	269

(G) As used in this section:

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(1) "Cable system" has the same meaning as in section 2913.04	271
of the Revised Code.	272

(2) "Law enforcement agency" includes, but is not limited to,	273
a county sheriff's office, the office of a village marshal, a	274
police department of a municipal corporation, a police force of a	275
regional transit authority, a police force of a metropolitan	276
housing authority, the state highway patrol, a state university	277
law enforcement agency, the office of a township police constable,	278
and the police department of a township or joint township police	279
district.	280

(3) "Mental impairment" means a substantial disorder of	281
thought, mood, perception, orientation, or memory that grossly	282
impairs judgment, behavior, or ability to live independently or	283
provide self-care as certified by a licensed physician,	284
psychiatrist, or psychologist.	285

Section 2. That existing sections 2901.30 and 2901.42 of the	286
Revised Code are hereby repealed.	287