130th Ohio General Assembly
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S. B. No. 290As Introduced
As Introduced

124th General Assembly
Regular Session
2001-2002
S. B. No. 290


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



A BILL
To enact section 5502.52 of the Revised Code to require the Department of Public Safety to establish rules for the implementation of an emergency alert program to aid in the identification and location of abducted children and to declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5502.52 of the Revised Code be enacted to read as follows:
Sec. 5502.52. (A) The department of public safety shall adopt rules in accordance with Chapter 119. of the Revised Code for the creation and implementation of a statewide emergency alert program to aid in the identification and location of children who are under eighteen years of age, who are abducted, and whose abduction, as determined by a law enforcement agency, poses a credible threat to the health and safety of the child. The program shall be a coordinated effort among the department, law enforcement agencies, and the state's public and commercial television and radio broadcasters.
(B) The rules shall include, but are not limited to, all of the following:
(1) Guidelines for a law enforcement agency to determine when the statewide emergency alert program should be implemented that include, but are not limited to, all of the following:
(a) The abducted child must be under eighteen years of age.
(b) The abduction must pose a credible threat to the health and safety of the child.
(c) The law enforcement agency must determine that the child is not a runaway and has not been abducted as a result of a child custody dispute.
(2) A procedure that a law enforcement agency follows to verify that a child has been abducted and to notify the department of the abduction;
(3) A procedure for the department to verify the accuracy of the information it receives from a law enforcement agency;
(4) A procedure for notifying the emergency management agency that is established under section 5502.22 of the Revised Code of a child abduction and ordering the agency to issue an alert through the statewide emergency alert program;
(5) A procedure for notifying state public and commercial television and radio stations of the issuance of an alert;
(6) Guidelines detailing the appropriate information that a law enforcement agency may release to assist in the safe recovery of an abducted child;
(7) A procedure for the cancellation of an alert.
(C) All law enforcement agencies shall comply with the rules adopted in accordance with this section.
(D) The department of public safety shall adopt the rules described in this section by January 2, 2003.
(E) As used in this section:
(1) "Abducted child" means a child for whom there is credible evidence to believe that the child has been abducted in violation of section 2905.01, 2905.02, 2905.03, or 2905.05 of the Revised Code.
(2) "Law enforcement agency" includes, but is not limited to, a county sheriff's department, the office of a village marshal, a police department of a municipal corporation, a police force of a regional transit authority, a police force of a metropolitan housing authority, the state highway patrol, a state university law enforcement agency, the office of a township police constable, and the police department of a township or joint township police district.
Section 2. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that the expedient development of a statewide emergency alert program will deter child abductions and immediately aid in the recovery of abducted children. Therefore, this act shall go into immediate effect.
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