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Introduced Version House Bill 2724 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2724


(By Delegates Moore, Doyle, Guthrie, Rodighiero,

Sobonya and Overington)

[Introduced February 20, 2009; referred to the

Committee on Senior Citizen Issues then the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §15-3B-1, §15-3B-2,

§15-3B-3, §15-3B-4 and §15-3B-5, all relating to the establishment of a "Silver Alert Plan" to rapidly disseminate information with regard to missing senior citizens and missing persons who have mental impairments.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended be amended, by adding thereto a new article, designated §15-3B-1, §15-3B-2, §15-3B-3, §15-3B-4 and §15-3B-5, all to read as follows:

ARTICLE 3B. SILVER ALERT PLAN.

§15-3B-1. Short title.

This article shall be known as the "Silver Alert Plan".

§15-3B-2. Definitions.

As used in this article:

(1) "Alert" means a statewide silver alert for a missing senior citizen with a mental impairment and a person with a mental impairment.

(2) "Local law-enforcement agency" means a county sheriff's office or a municipal police department.

(3) "Mental impairment" means a substantial disorder of thought, mood, perception, orientation or memory, that grossly impairs judgement, behavior or ability, to live independently or provide self care as certified by a physician, psychiatrist or psychologist.

(4) "Senior citizen" means any person who is sixty-five years of age or older.

§15-3B-3. Establishment of a Silver Alert Plan.

(a) The secretary of the department of military affairs and

public safety shall establish the "Silver Alert Plan", a program authorizing the broadcast media, upon notice from the State Police, to transmit an emergency alert to inform the public of a missing senior citizen with a mental impairment or a missing person with a mental impairment. The program shall be a voluntary, cooperative effort between state and local law-enforcement agencies and the broadcast media.

(b) The secretary shall notify the broadcast media serving the State of West Virginia of the establishment of "Silver Alert Plan" and invite their voluntary participation.

§15-3B-4. Activation of the Silver Alert Plan.

All the following criteria shall be met before the State Police activate the "Silver Alert Plan";

(1) The local law-enforcement agency confirms that the person is missing;

(2) The person is sixty-five years of age or older and has a mental impairment or is a missing person and has been diagnosed with a mental impairment;

(3) The disappearance of the missing person poses a credible threat of immediate danger or bodily harm or death to the person; and

(4) There is sufficient descriptive information about the person and the circumstances surrounding the person's disappearance to indicate that activation of the alert will help locate such person.

§15-3B-5. Guidelines; Procedural rules; Notice to the broadcast media.
(a) The provisions of section five, article three-a of this chapter are applicable to "Silver Alert Plan" as established by this article.
(b) The secretary may adopt guidelines and procedural rules to effectuate the purpose of this article.




NOTE: The purpose of this bill is to establish a Silver Alert Plan to rapidly disseminate information about a missing senior citizens or individual that has a mental impairment. The bill establishes specific criteria that must be met before a alert will be issued.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.













































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