THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY YOUNGBLOOD, CRUZ, BROWN, THOMAS, BAKER, BARRAR, BOYD, BOYLE, COHEN, DONATUCCI, FRANKEL, GOODMAN, HENNESSEY, JOSEPHS, KORTZ, KULA, LONGIETTI, MAHONEY, MANDERINO, MANN, MELIO, MICOZZIE, MOUL, M. O'BRIEN, O'NEILL, PARKER, PAYNE, PHILLIPS, READSHAW, K. SMITH, SOLOBAY, STURLA, VULAKOVICH, WATSON AND WHITE, MARCH 5, 2009

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 5, 2009  

AN ACT

Relating to a silver alert program for missing senior citizens.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Silver Alert

for Missing Senior Citizens Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Alert."  The Statewide silver alert for missing senior

citizens developed and implemented under this act.

"Department."  The Department of Aging of the Commonwealth.

"Local law enforcement agency."  A local law enforcement

agency with jurisdiction to enforce the laws of this

Commonwealth.

"Senior citizen."  A person who is 65 years of age or older.

Section 3.  Silver alert for missing senior citizens.

The department will cooperate with the Pennsylvania State

Police and shall develop and implement a Statewide silver alert

to be activated on behalf of a missing senior citizen.

Section 4.  Administration.

(a)  Director.--The Secretary of Aging shall appoint a

director to serve as the Statewide coordinator of the alert.

(b)  Rules and regulations.--The department shall adopt rules

and regulations and shall issue directives as necessary to

ensure proper implementation of the alert. The rules and

regulations must include:

(1)  The procedures to be used by a local law enforcement

agency to verify whether a senior citizen:

(i)  is missing; and

(ii)  has an impaired mental condition;

(2)  a description of the circumstances under which a

local law enforcement agency is required to report a missing

senior citizen to the department; and

(3)  the procedures to be used by an individual or entity

to report information about a missing senior citizen to

designated media outlets in this Commonwealth.

Section 5.  Department to recruit participants.

The department shall recruit public and commercial television

and radio broadcasters, private commercial entities, State or

local government entities, the public and other appropriate

persons to assist in developing and implementing the alert.

Section 6.  Duties of the Pennsylvania State Police.

The Pennsylvania State Police shall:

(1)  cooperate with the department and assist in

developing and implementing the alert; and

(2)  establish a plan for providing relevant information

to the public across this Commonwealth.

Section 7.  Notification to department of a missing senior

citizen.

(a)  Notification to department.--A local law enforcement

agency may notify the department if the agency:

(1)  receives notice of a missing senior citizen;

(2)  verifies that at the time the senior citizen is

reported missing:

(i)  the person reported missing is 65 years of age

or older;

(ii)  the senior citizen's location is unknown;

(iii)  the senior citizen's domicile is in this

Commonwealth;

(iv)  the senior citizen has an impaired mental

condition; and

(3)  determines that the senior citizen's disappearance

poses a credible threat to the senior citizen's health and

safety.

(b)  Local law enforcement agency.--The local law enforcement

agency shall:

(1)  require the family or legal guardian of the missing

senior citizen to provide documentation of the senior

citizen's impaired mental condition to verify the condition

as required under subsection (a)(2)(iv); and

(2)  as soon as practicable, determine whether the senior

citizen's disappearance poses a credible threat to the senior

citizen's health and safety for purposes of subsection

(a)(3).

Section 8.  Activation of silver alert.

(a)  Confirmation by department.--When a local law

enforcement agency notifies the department under section 7, the

department shall confirm the accuracy of the information and, if

confirmed, immediately issue an alert under this act in

accordance with department rules.

(b)  Issuance of alert.--In issuing the alert, the department

shall send the alert to designated media outlets in this

Commonwealth. Following receipt of the alert, participating

radio stations, television stations and other media outlets may

issue the alert at designated intervals to assist in locating

the missing senior citizen.

Section 9.  Content of silver alert.

The alert must include:

(1)  all appropriate information that is provided by the

local law enforcement agency that may lead to the safe

recovery of the missing senior citizen; and

(2)  a statement instructing any person with information

related to the missing senior citizen to contact a local law

enforcement agency.

Section 10.  Termination of silver alert.

(a)  Director's duties.--The director shall terminate any

activation of the alert with respect to a particular missing

senior citizen no later than the earlier of the date on which:

(1)  the missing senior citizen is located or the

situation is otherwise resolved; or

(2)  the notification period ends, as determined by

department rule.

(b)  Local law enforcement agency.--A local law enforcement

agency that locates a missing senior citizen who is the subject

of an alert shall notify the department as soon as possible that

the missing senior citizen has been located.

Section 11.  This act shall take effect in 180 days.