SB981: Bill Text

LRB-5319/1

CMH:amn

2023 - 2024 LEGISLATURE

2023 Senate BILL 981

January 30, 2024 - Introduced by Senators James, L. Johnson, Smith, Wirch and Testin, cosponsored by Representatives Stubbs, Spiros, Bare, Conley, Dittrich, Gundrum, Jacobson, Joers, Maxey, Moore Omokunde, Novak, O'Connor, Ortiz-Velez, Ratcliff, Sinicki and Summerfield. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.

SB981,1,4 An Act to renumber and amend 175.51 (1m) (a); to amend 165.785 (2m) (a) 1. and 2., 165.785 (2m) (b), 175.51 (title) and 175.51 (1m) (b); and to create 175.51 (1m) (a) 2. of the statutes; relating to: expanding alerts for missing adults to include certain missing children.

Analysis by the Legislative Reference Bureau

The Department of Justice currently administers several alert systems, under which DOJ works with law enforcement agencies, broadcasters, and others to disseminate information regarding certain cases involving endangered children, missing adults at risk, and veterans at risk. These alerts are commonly known respectively as Amber Alerts, Silver Alerts, or Green Alerts.

Under current law, the Silver Alert applies to a missing person who is at least 18 if the person has a developmental disability or suffers from dementia, or who could, without access to medication, suffer from cognitive impairment that would likely render the adult incapable of getting to a familiar location alone. This bill expands the Silver Alert to include children if the situation is not covered by the Amber Alert, which requires a reasonable belief by law enforcement that the child was abducted and is in imminent danger of serious bodily injury or death and that if sufficient information is shared with the public, the alert will assist in finding the child. Under this bill, a Silver Alert could be issued for a missing person under 18 to whom an Amber Alert does not apply if the person is believed to be incapable of returning home without assistance due to a physical or mental condition or disability or if the person is under 10.

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:

SB981,1 Section 1. 165.785 (2m) (a) 1. and 2. of the statutes are amended to read:

SB981,2,5 165.785 (2m) (a) 1. The department shall provide a form for reports of missing adults persons at risk under s. 175.51 (1m) and missing veterans at risk under s. 175.51 (1v) that law enforcement agencies can access through the integrated crime alert network.

SB981,2,9 2. The department shall train law enforcement officers on identifying reports of adults persons at risk that are appropriate for dissemination under sub. (1) (b) 2., using the form provided under subd. 1., and accessing the network to disseminate the report.

SB981,2 Section 2. 165.785 (2m) (b) of the statutes is amended to read:

SB981,2,19 165.785 (2m) (b) The department shall work directly with persons on the list maintained under par. (c) and with government agencies, broadcasters, and public and private organizations with missions focused on adults persons or veterans at risk to develop criteria for law enforcement officers to use to identify reports of missing adults persons or veterans at risk that are appropriate to disseminate under s. 175.51 (1m) or (1v), to determine the most effective methods and guidelines for the persons on the list maintained under par. (c) to use to broadcast or make public reports of missing adults persons or veterans at risk, and to receive feedback on the forms provided under par. (a) 1. and on the list maintained under par. (c).

SB981,3 Section 3. 175.51 (title) of the statutes is amended to read:

SB981,3,2 175.51 (title) Reports of missing adults persons and veterans at risk and of hit-and-run incidents.

SB981,4 Section 4. 175.51 (1m) (a) of the statutes is renumbered 175.51 (1m) (a) (intro.) and amended to read:

SB981,3,6 175.51 (1m) (a) (intro.) In this subsection, “ adult “person at risk" means an one of the following:

SB981,3,10 1. An adult who has a developmental disability, who suffers from Alzheimer's disease or dementia, or who suffers from or could, without access to medication, suffer from cognitive impairment if the impairment would likely render the adult incapable of getting to a familiar location without assistance.

SB981,5 Section 5. 175.51 (1m) (a) 2. of the statutes is created to read:

SB981,3,16 175.51 (1m) (a) 2. A person who has not attained the age of 18 years, whose location is unknown, and whose situation does not qualify for another alert and the person is believed to be incapable of returning home without assistance due to a physical or mental condition or disability or the person has not attained the age of 10 years.

SB981,6 Section 6. 175.51 (1m) (b) of the statutes is amended to read:

SB981,3,20 175.51 (1m) (b) If a law enforcement agency receives a report of a missing adult person at risk, the law enforcement agency shall use the form under s. 165.785 (2m) (a) 1. to disseminate the report using the integrated crime alert network.

SB981,3,21 (End)