Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

SSB 5556

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning missing endangered persons.

Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Darneille, Dammeier, Schlicher, Conway, Roach, McAuliffe, Becker, Carrell, Delvin and Shin).

Brief Summary of Substitute Bill

  • Renames the Missing Children Clearinghouse to the Missing Children and Endangered Person Clearinghouse.

  • Requires law enforcement agencies to file a missing person report into the state missing person computerized network within six hours (instead of 12 hours) after receiving notification of a missing child or endangered person.

  • Provides that social media may be used to enhance the public's ability to assist in recovering abducted children and missing endangered persons.

Hearing Date: 3/20/13

Staff: Yvonne Walker (786-7841).

Background:

Missing Children and America's Missing Broadcast Emergency Response Alerts.

After a report is taken regarding a missing child, local law enforcement agencies must file an official missing person report and enter biographical information into the state's missing person computerized network within 12 hours after the notification is received by the agency. This network is connected to the Federal Bureau of Investigation's National Crime Information Center's database.

The Washington State Patrol (WSP) operates a Missing Children Clearinghouse (MCC) through its Missing and Unidentified Person Unit. The MCC includes the maintenance and operation of a toll-free 24-hour telephone hotline and it distributes information to local law enforcement agencies, school districts, the Department of Social and Health Services (DSHS), and the general public regarding missing children. The information includes pictures, bulletins, training sessions, reports, and biographical materials that assist in local law enforcement efforts in locating missing children. The WSP also maintains a computerized interface with national and other statewide missing person systems or clearinghouses and operates the America's Missing Broadcast Emergency Response (AMBER Alert) plan.

The WSP is the lead agency for the AMBER Alert plan which relates to child abduction. It is a system where local, state, tribal, and other law enforcement agencies, state government agencies, radio and television stations, and cable and satellite systems voluntarily cooperate to assist in finding abducted children. Many law enforcement agencies in Washington have developed individual local AMBER Alert plans. These plans have met the criteria of the WSPs statewide AMBER Alert plan and specify local law enforcement agency procedures to investigate a child abduction case, approve AMBER Alert activations, coordinate community response, and direct the recovery of a child.

An AMBER Alert may be activated directly by a local law enforcement agency that has an approved local AMBER Alert plan. In the event a law enforcement agency does not have an approved plan, that agency must utilize the resources of another law enforcement agency with an approved plan to activate an AMBER Alert (through a mutual aid agreement with an agency that has an approved plan), or request the WSPs assistance in activating an AMBER Alert. The WSP then notifies the Washington State Emergency Management Division which issues the alert to radio and television media through the Emergency Alert System (EAS). Radio and television media will then broadcast the information about the abduction provided through the EAS. This information typically includes details about the missing child and the perpetrator (if known), including descriptive information. The WSP also notifies the Department of Transportation (DOT) of the AMBER Alert, and the DOT places the information on highway traffic signs.

Missing Adults and Endangered Missing Person Advisory Alerts.

In 2010 the WSP began implementing an Endangered Missing Person Advisory plan (EMPA). The EMPA plan involves the voluntary cooperation between local, state, tribal, and other law enforcement agencies, state government agencies, radio and television stations, and cable and satellite systems to enhance the public's ability to assist in recovering endangered missing persons who do not qualify for inclusion in an AMBER Alert.

The EMPA alert is initiated by law enforcement agencies using the following criteria:

Once a report is received regarding an endangered missing person and all criteria is met, the investigating agency may begin to initiate an "Endangered Missing Person Advisory" though its centeral computerized enforcement system, notify the WSPs Missing Person Unit, and enter all information into the National Crime Information Center and the Washington Crime Information Center.

After an EMPA is activated, all Washington law enforcement agencies are notified as well as all portal partners (such as broadcasters, the media, and other subscribers).

Summary of Bill:

Law enforcement agencies must file a missing person report into the state missing person computerized network within six hours instead of within 12 hours after receiving notification of a missing child or endangered person.

A "missing endangered person" is defined as a person believed to be in danger because of age, health, mental or physical disability, in combination with environmental or weather conditions, or is believed to be unable to return safely without assistance.

The MCC is renamed the Missing Children and Endangered Person Clearinghouse (clearinghouse) and the clearinghouse is expanded to include missing endangered persons. The clearinghouse must distribute information to local law enforcement agencies, school districts, the DSHS, and the general public regarding endangered persons.

The WSP must develop and implement an EMPA plan. Social media may be used to enhance the public's ability to assist in recovering abducted children and missing endangered persons.

Appropriation: None.

Fiscal Note: Available on original bill. New fiscal note requested on March 18, 2013.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.