THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CASORIO, DeWEESE, COHEN, MANN, BAKER, BEYER, BISHOP, BOYD, BRENNAN, CALTAGIRONE, CLYMER, CONKLIN, CREIGHTON, DENLINGER, FLECK, FRANKEL, GEORGE, GIBBONS, GOODMAN, GROVE, GRUCELA, HARHAI, HARKINS, KOTIK, KULA, LONGIETTI, MAHONEY, MANDERINO, McGEEHAN, McILVAINE SMITH, MELIO, MILLARD, MILLER, MOUL, MUNDY, MURT, M. O'BRIEN, PRESTON, RAPP, READSHAW, REICHLEY, ROCK, SANTONI, SIPTROTH, K. SMITH, SOLOBAY, STABACK, VULAKOVICH, WALKO, WANSACZ, WHEATLEY AND WHITE, JANUARY 30, 2009

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, JANUARY 30, 2009  

AN ACT

Establishing the Senior Alert System; and providing for duties

of the Pennsylvania State Police.

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 Senior Alert

System 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:

"Endangered adult medical alert."  An alert indicating that

law enforcement authorities are searching for a missing

endangered adult.

"Missing endangered adult."  An individual 18 years of age or

older who is reported missing to a law enforcement authority and

is or is believed to be:

(1)  a temporary or permanent resident of Pennsylvania;

(2)  at a location that cannot be determined by an

individual familiar with the missing individual; and

(3)  incapable of returning to the missing individual's

residence without assistance by reason of:

(i)  mental illness;

(ii)  mental retardation;

(iii)  dementia; or

(iv)  another physical or mental incapacity of

managing or directing the management of the individual's

property or providing or directing the provisions of

self-care.

Section 3.  Senior Alert System.

The Pennsylvania State Police shall establish and maintain

the Senior Alert System to assist in the recovery of missing

endangered adults through prompt notification to the general

public and appropriate law enforcement authorities. The

Pennsylvania State Police shall establish such protocols and

procedures as are necessary for the effective operation of this

system and shall educate and inform local law enforcement

agencies and the public with regard to its availability.

Section 4.  Prohibited use.

The transmission, broadcast or other communication of a

public alert, other than through the Senior Alert System,

intentionally, knowingly, recklessly or negligently purporting

to be made by, with or through the authority of the Senior Alert

System is prohibited and shall be subject to a civil penalty of

not more than $5,000.

Section 5.  Reports of missing endangered adults.

(a)  General rule.--A law enforcement authority that receives

a notification concerning a missing endangered adult from:

(1)  the missing endangered adult's guardian, custodian

or guardian ad litem; or

(2)  an individual who:

(i)  provides the missing endangered adult with home

health aid services;

(ii)  possesses a health care power of attorney for

the missing endangered adult; or

(iii)  has evidence that the missing endangered adult

has a condition that may prevent the missing endangered

adult from returning home without assistance;

shall prepare an investigative report on the missing

endangered adult if, based on the notification, the law

enforcement authority has reason to believe that individual

satisfies the definition of a missing endangered adult.

(b)  Report.--The investigative report described in

subsection (a) may include the following:

(1)  Relevant information obtained from the notification

concerning the missing endangered adult, including the

following:

(i)  A physical description of the missing endangered

adult.

(ii)  The date, time and place that the missing

endangered adult was last seen.

(iii)  The missing endangered adult's address.

(2)  Information gathered by a preliminary investigation,

if one was made.

(3)  A statement by the law enforcement officer in charge

of setting forth that officer's assessment of the case based

upon the evidence and information received.

(c)  Preparation of report.--The law enforcement agency shall

prepare the investigative report described by subsections (a)

and (b) as soon as practicable and, if possible, not later than

five hours after the law enforcement authority receives

notification of a missing endangered adult.

(d)  Forwarding of report.--Upon completion of the report

described in subsections (a) and (b), if the law enforcement

authority has reason to believe that public notification may

assist in locating the missing endangered adult, the law

enforcement authority may immediately forward the contents of

the report to:

(1)  All law enforcement authorities that have

jurisdiction in the location where the missing endangered

adult lives and all law enforcement authorities that have

jurisdiction in the location where the missing endangered

adult was last seen.

(2)  All law enforcement authorities to which the person

who made the notification concerning the missing endangered

adult requests the report be sent, if the law enforcement

authority determines that the request is reasonable in light

of the information received.

(3)  All law enforcement authorities that request a copy

of the report.

(4)  One or more broadcasters that broadcast in an area

where the missing endangered adult may be located.

(5)  Any Federal or State data or communication system

for information on missing persons.

(e)  Newspaper distribution.--Upon completion of the report

described by subsections (a) and (b), a law enforcement

authority may forward a copy of the contents of the report to

one or more newspapers distributed in an area where the missing

endangered adult may be located.

Section 6.  Broadcasting or publishing an endangered adult

medical alert.

A broadcaster or newspaper that received a request concerning

a missing endangered adult under section 5(d) or (e) may, at the

discretion of the broadcaster or newspaper:

(1)  Notify the public that there is an endangered adult

medical alert.

(2)  Broadcast or publish the following:

(i)  A description of the missing endangered adult.

(ii)  Any other relevant information that would

assist in locating the missing endangered adult.

Section 7.  Investigation concerning a missing endangered adult.

A law enforcement authority may begin an investigation

concerning a missing endangered adult as soon as possible after

receiving notification of the missing endangered adult.

Section 8.  Notification concerning a missing endangered adult.

(a)  Duty to notify.--An individual who notifies a law

enforcement authority concerning a missing endangered adult

shall notify the law enforcement authority when the missing

endangered adult is found.

(b)  False reports.--A person who knowingly gives a false

report concerning a missing endangered adult or knowingly gives

false information in the official investigation of a missing

endangered adult commits a misdemeanor of the second degree. If

the false report substantially hinders any law enforcement

process or if it results in harm to an innocent person, the

offense shall be graded as a misdemeanor of the first degree.

Section 9.  Immunity.

(a)  Media immunity.--An owner, licensee, operator and

employee of any communication medium, including, but not limited

to, telephone, radio, television, newspaper digital

communications network or global communications network, shall

be immune from civil liability for good faith conduct while

participating in accordance with this act.

(b)  Good Samaritan immunity.--Any person who provides,

obtains or attempts to provide or obtain assistance for a

missing endangered adult who is the subject of a Senior Alert

System notice shall be immune from civil liability for acts or

omissions in providing or obtaining or attempting to provide or

obtain assistance except for acts or omissions intended to cause

harm and for which the law does not recognize justification or

that constitute gross negligence or willful, wanton or reckless

conduct.

Section 20.  Effective date.

This act shall take effect immediately.