S4790

An Act concerning MVP Emergency Alerts and amending P.L.2015, c.184.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2015, c.184 (C.52:17B-194.10) is amended to read as follows:

2. An MVP Emergency Alert authorized under this section may be activated in accordance with the following requirements, which shall be incorporated into the guidelines required by subsection c. of section 1 of P.L.2015, c.184 (C.52:17B-194.9):

a. The law enforcement agency receiving the missing person report shall be the lead law enforcement agency.

b. The Missing Persons and Child Exploitation Unit in the Division of State Police, upon request, shall assist the lead law enforcement agency in the investigation of an MVP Emergency Alert.

c. Each of the following criteria shall be met before an MVP Emergency Alert may be issued:

(1) the person believed to be missing is believed to have a mental, intellectual, or developmental disability or defect, regardless of age;

(2) a missing person report has been submitted to the local law enforcement agency where the person went missing;

(3) the person believed to be missing may be in danger of death or serious bodily injury;

(4) there is sufficient information available to indicate that an MVP Emergency Alert would assist in locating the missing vulnerable person[,] including, but not limited to, information indicating [that at the time the person went missing the person was the operator of, a passenger in, or otherwise conveyed by a motor vehicle] the manner in which the person was traveling at the time the person went missing, such as by motor vehicle, foot, or bicycle; and

(5) sufficient information is available to disseminate to the public that could assist in locating the person, [including but not limited to] such as accurate information concerning any motor vehicle the person may have been operating, or in which the person may have been a passenger or otherwise conveyed, if applicable.

(cf: P.L.2015, c.184, s.2)

2. Section 3 of P.L.2015, c.184 (C.52:17B-194.11) is amended to read as follows:

3. a. When an MVP Emergency Alert is activated pursuant to section 2 of P.L.2015, c.184 (C.52:17B-194.10), the participating media shall voluntarily agree, upon notice from the State Police, to transmit emergency alerts to inform the public of a missing vulnerable person who resides within their broadcast service regions. The notice shall be provided through the State Police operational dispatch unit.

b. The alerts shall be broadcast as often as possible, pursuant to the guidelines established by the New Jersey Broadcasters['] Association, for the first three hours. After the initial three hours, the alert shall be rebroadcast at such intervals as the investigating authority, the State Police, and the participating media deem appropriate.

c. The alerts shall include a description of the missing vulnerable person, including notice that the missing vulnerable person may appear agitated or upset, instructions as to whether the missing vulnerable person should be approached and, if appropriate, instructions on how to approach the missing vulnerable person, and such other information as the State Police may deem pertinent and appropriate. The alerts also shall provide information concerning how those members of the public who have information relating to the missing vulnerable person may contact the State Police or other appropriate law enforcement agency.

d. [When a determination is made by the lead agency, and the State Police concur] If the lead agency determines, and the State Police concur, that sufficient information [indicating] indicates that at the time the person went missing the person was the operator of, a passenger in, or otherwise conveyed by a motor vehicle, concurrent with the notice provided to the broadcast media, the State Police operational dispatch unit shall also notify the Department of Transportation, [the New Jersey Highway Authority,] the New Jersey Turnpike Authority, and the South Jersey Transportation Authority of the MVP Emergency Alert. Through the use of their variable message signs, the department and the affected authorities shall inform the motoring public that an MVP Emergency Alert is in progress and provide information relating to the missing vulnerable person and how motorists may report any information they have to the State Police or [other] another appropriate law enforcement agency. The State Police operational dispatch unit shall also ensure that employees of the New Jersey Transit Corporation who are on duty at any time when the MVP Emergency Alert is in effect receive notice of the MVP Emergency Alert, along with all pertinent information.

e. The State Police shall in a timely manner update the broadcast media and any other entity receiving notice of the MVP Emergency Alert with new information, when appropriate, concerning the missing vulnerable person.

f. The alerts shall terminate upon notice from the State Police.

(cf: P.L.2015, c.184, s.3)

3. This act shall take effect on the first day of the third month next following the date of enactment, except that the Attorney General may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill clarifies that an MVP Emergency Alert may be issued no matter the manner in which a missing vulnerable person (MVP) was traveling at the time the person went missing. An “MVP” means a person who is believed to have a mental, intellectual, or developmental disability or defect who goes missing under circumstances that indicate the person may be in danger of death or serious bodily injury. The MVP Emergency Alert System is a Statewide system that allows for the rapid dissemination of information when an MVP is missing.

Currently, the law only permits an MVP Emergency Alert to be issued when there is information indicating the MVP was the operator of, a passenger in, or otherwise conveyed by a motor vehicle at the time the person went missing. This bill modifies the criteria required to be met to issue an MVP Emergency Alert so that any evidence of the manner in which an MVP was traveling at the time the person went missing, rather than only evidence demonstrating the MVP was traveling by motor vehicle, constitutes sufficient information indicating an alert would assist in locating the MVP. Additionally, the bill clarifies that information concerning the motor vehicle an MVP may have been in or operating at the time the MVP went missing is simply an example of information that would be considered sufficient for assisting the public in locating an MVP.