2013 - 2014 LEGISLATURE
October 18, 2013 - Introduced by Representatives Kaufert, Genrich, Kerkman,
Kolste, Sargent, Ohnstad, Berceau, Kahl, Bewley, Pope, Thiesfeldt, Tittl,
Vruwink, Brooks, Hulsey, Hesselbein and Czaja, cosponsored by Senators
Hansen, Gudex, T. Cullen, Vinehout, Carpenter, L. Taylor and Lassa.
Referred to Committee on Aging and Long-Term Care.
AB442,1,3 1An Act to create 165.73 and 175.51 of the statutes; relating to: an alert system
2for missing adults at risk and reports to law enforcement regarding missing
3persons.
Analysis by the Legislative Reference Bureau
The Department of Justice (DOJ) currently administers the Amber Alert
System, under which it works with law enforcement agencies, broadcasters, and
others to disseminate information regarding certain missing child cases.
This bill creates a statutory requirement that DOJ administer an alert system
to disseminate information regarding missing adults who are cognitively impaired
if a law enforcement agency notifies DOJ that it has received a report that the adult
is missing. This bill also provides civil immunity to persons who, as participants in
this alert program, disseminate alerts regarding missing adults at risk and to
persons who assist an adult at risk who is the subject of an alert.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB442,1 4Section 1. 165.73 of the statutes is created to read:
AB442,2,2
1165.73 Alert system for missing adults at risk. (1) In this section, "adult
2at risk" has the meaning given in s. 175.51 (1).
AB442,2,9 3(2) If a law enforcement agency notifies the department under s. 175.51 (3) that
4it has received a report of a missing adult at risk, the department shall activate an
5alert for the missing adult at risk. The alert system shall involve a partnership of
6law enforcement agencies, broadcasters, and other appropriate entities, to rapidly
7disseminate the information under sub. (3) regarding a missing adult at risk. An
8alert shall instruct a person with any information related to the missing adult at risk
9to contact a local law enforcement agency.
AB442,2,11 10(3) The information to be disseminated under sub. (2) includes all of the
11following:
AB442,2,1212 (a) The name of the missing adult at risk.
AB442,2,1313 (b) A physical description of the missing adult at risk.
AB442,2,1414 (c) The last-known location of the missing adult at risk.
AB442,2,1515 (d) The time and date that the adult at risk went missing.
AB442,2,1716 (e) Any information that the department determines may assist in identifying
17or finding the missing adult at risk.
AB442,2,1918 (f) Any other information provided by the law enforcement agency under s.
19175.51 (3).
AB442,2,22 20(4) (a) Any person disseminating information regarding missing adults at risk
21as part of the alert system under this section is immune from civil liability for his or
22her good faith acts or omissions while participating in the system.
AB442,3,223 (b) A person is immune from civil liability for acts or omissions committed while
24assisting or attempting to assist, or obtaining or attempting to obtain assistance for,

1a missing adult at risk who is the subject of an alert under sub. (2) unless the acts
2or omissions involve reckless, wanton, or intentional misconduct.
AB442,2 3Section 2. 175.51 of the statutes is created to read:
AB442,3,8 4175.51 Reports of missing persons. (1) In this section, "adult at risk" means
5an adult who has a developmental disability, who suffers from Alzheimer's disease
6or dementia, or who suffers from or could, without access to medication, suffer from
7cognitive impairment if the impairment would likely render the adult incapable of
8getting to a familiar location without assistance.
AB442,3,11 9(2) A law enforcement agency shall accept a report of a missing person if the
10report is submitted by a family member, whether by blood, marriage, or adoption, of
11the missing person or by any person responsible for the missing person.
AB442,3,16 12(3) If a law enforcement agency takes a report of a missing person who the law
13enforcement agency determines is an adult at risk, the law enforcement agency shall
14provide any information that the law enforcement agency determines may help
15locate the missing adult at risk to the department of justice to enable the department
16of justice to issue an alert under s. 165.73.
AB442,3 17Section 3. Initial applicability.
AB442,3,1918 (1) The treatment of section 165.73 (4) of the statutes first applies to acts or
19omissions committed on the effective date of this subsection.
AB442,3,2220 (2) The treatment of section 175.51 of the statutes first applies to reports of
21missing persons submitted to a law enforcement agency on the effective date of this
22subsection.
AB442,3,2323 (End)
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