AN ACT

 

1Amending the act of November 24, 2004 (P.L.1270, No.153),
2entitled "An act providing for the Pennsylvania Amber Alert
3System; authorizing and directing the Pennsylvania State
4Police to establish and maintain the Pennsylvania Amber Alert
5System; assessing costs; and providing for immunity and
6penalties," further providing for prohibited use of Amber
7Alerts, for use of missing endangered person advisory system,
8for coordination with other jurisdictions and for assessment
9of cost.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Sections 2, 2.1 and 3 of the act of November 24,
132004 (P.L.1270, No.153), referred to as the Pennsylvania Amber
14Alert System Law, amended or added November 23, 2010 (P.L.1363,
15No.126), are amended to read:

16Section 2. Prohibited use of Amber Alerts.

17The transmission, broadcast or other communication of a
18public alert, other than through the Pennsylvania Amber Alert
19System or the Missing Endangered Person Advisory System,
20intentionally, knowingly, recklessly or negligently purporting

1to be made by, with or through the authority of the Pennsylvania
2Amber Alert System or the Missing Endangered Person Advisory 
3System is prohibited and shall be subject to a civil penalty of
4not more than $5,000.

5Section 2.1. Use of Missing Endangered Person Advisory System.

6(a) Activation.--The Pennsylvania Missing Endangered Person
7Advisory System shall be operated by the Pennsylvania State
8Police. Activation may be requested by law enforcement agencies
9when public assistance is considered expedient to the recovery
10of a missing individual believed to be at special risk of harm
11or injury. The ability of law enforcement agencies to
12independently notify or request assistance from the public shall
13not be impaired or restricted in any way.

14(b) Impairments.--An individual with a physical and mental
15impairment shall qualify as an individual at special risk of
16harm or injury. This qualification shall include, but not be
17limited to, anyone diagnosed with a mental illness or cognitive
18impairment as defined under 55 Pa. Code Pt. VII Ch. 5100
19(relating to mental health procedures) and any disorder in
20accordance with the American Psychiatric Association's
21Diagnostic and Statistical Manual as follows:

22§ 299.00 Relating to Autistic Disorder;

23§ 299.80 Relating to Rett's Disorder;

24§ 290.xx Relating to Dementia of the Alzheimer's Type
25(multiple forms); and

26§ 295.xx Relating to Schizophrenia (multiple forms).

27Section 3. Coordination with other jurisdictions.

28The Pennsylvania State Police shall coordinate with the
29authorities of the various states and the Federal Government
30that are responsible within their respective jurisdictions for

1the recovery of abducted children to establish and execute the
2procedures appropriate to the effective fulfillment of its
3responsibilities relating to the Pennsylvania Amber Alert System 
4or the Missing Endangered Person Advisory System.

5Section 2. Section 4 of the act is amended to read:

6Section 4. Assessment of cost.

7Unless the court finds that undue hardship would result, in
8addition to any other cost imposed by law, a cost of $25 shall
9automatically be assessed on each person convicted, adjudicated
10delinquent or granted accelerated rehabilitative disposition
11(ARD) of the offenses named in this section. The cost shall be
12forwarded to the Commonwealth and used by the Pennsylvania State
13Police to establish and maintain the Pennsylvania Amber Alert
14System or the Missing Endangered Person Advisory System and
15apply to the following offenses:

1618 Pa.C.S. § 2901 (relating to kidnapping).

1718 Pa.C.S. § 2902 (relating to unlawful restraint).

1818 Pa.C.S. § 2903 (relating to false imprisonment).

1918 Pa.C.S. § 2904 (relating to interference with custody
20of children).

2118 Pa.C.S. § 2905 (relating to interference with custody
22of committed persons).

2318 Pa.C.S. § 2906 (relating to criminal coercion).

2418 Pa.C.S. § 2907 (relating to disposition of ransom).

2518 Pa.C.S. § 2908 (relating to missing children).

2618 Pa.C.S. § 2909 (relating to concealment of whereabouts
27of a child).

2818 Pa.C.S. § 2910 (relating to luring a child into a
29motor vehicle).

30Section 3. This act shall take effect immediately.