Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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SENATE ENROLLED ACT No. 20
AN ACT to amend the Indiana Code concerning state police, civil defense and military affairs.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 10-1-7-0.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 0.1. As used in this chapter, "Amber alert program" means a program under which the clearinghouse transmits information about a recently abducted child to broadcasters who have agreed to participate in the program and who immediately and repeatedly broadcast this information to the general public.
SECTION 2. IC 10-1-7-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 0.5. As used in this chapter, "broadcaster" means the operator of a radio or television station.
SECTION 3. IC 10-1-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) The clearinghouse shall do the following:
(1) Collect, process, and maintain identification and investigative information to aid in finding missing children.
(2) Establish a statewide, toll-free telephone line for reports of missing children and sightings of missing children.
(3) Prescribe a uniform reporting form concerning missing children for use by law enforcement agencies within Indiana.
(4) Assist in training law enforcement and other professionals on
issues relating to missing children.
(5) Operate a resource center of information regarding the prevention of:
(A) the abduction of children; and
(B) the sexual exploitation of children.
(6) Distribute the quarterly report prepared under IC 10-1-7-4(b)(7) to schools and hospitals.
(7) Distribute the quarterly report described in subdivision (6) to child care centers and child care homes that make an annual contribution of four dollars ($4) to the clearinghouse. The contributions must be used to help defray the cost of publishing the quarterly report.
(b) For a missing child who was born in Indiana, the clearinghouse shall notify the vital statistics division of the state department of health:
(1) within fifteen (15) days after receiving a report under IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing child less than thirteen (13) years of age; and
(2) promptly after the clearinghouse is notified that a missing child has been found.
(c) Upon receiving notification under subsection (b) that a child is missing or has been found, the vital statistics division of the state department of health shall notify the local health department or the health and hospital corporation that has jurisdiction over the area where the child was born.
(d) Information collected, processed, or maintained by the clearinghouse under subsection (a) is confidential and is not subject to IC 5-14-3, but may be disclosed at the discretion of the clearinghouse for purposes of locating missing children.
(e) The clearinghouse may operate an Amber alert program.
SECTION 4. IC 10-1-7-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5.5. (a) Upon the establishment of an Amber alert program, the clearinghouse may enter into an agreement with one (1) or more broadcasters to operate the Amber alert program under this chapter.
(b) The superintendent of state police shall designate staff responsible for the operation of the Amber alert program.
(c) The department shall adopt guidelines governing the clearinghouse's operation of the Amber alert program. The department's guidelines may require that staff, upon receiving a report that a child has been abducted, immediately send by facsimile (fax) transmission or other means of communication a
description of the abducted child to one (1) or more broadcasters participating in the Amber alert program.
(d) A broadcaster participating in the Amber alert program shall immediately broadcast:
(1) a description of the abducted child; and
(2) other information that will assist in locating the abducted child;
to the general public in accordance with the Amber alert plan agreement between the clearinghouse and the broadcaster.
(e) The department shall adopt guidelines governing the voluntary Amber alert program agreement between the clearinghouse and a broadcaster. The voluntary agreement between the clearinghouse and the broadcaster may include the following provisions:
(1) Upon receiving a notification as part of the Amber alert program, the broadcaster shall broadcast the information contained on the notice on an intermittent basis for a period of time as provided in the agreement between the clearinghouse and the broadcaster.
(2) The broadcaster shall treat the Amber alert notification as an emergency.
(3) The broadcaster shall ensure that the facsimile (fax) transmission machine or other communications device used to receive an Amber alert notification is:
(A) generally available to receive an Amber alert notification; and
(B) located such that the broadcaster will immediately become aware of an incoming Amber alert notification.