SB 247: "An Act relating to missing persons and unidentified human remains."
00 SENATE BILL NO. 247 01 "An Act relating to missing persons and unidentified human remains." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.65.100 is amended by adding a new subsection to read: 04 (b) If human remains remain unidentified after investigation, those remains 05 may not be disposed of under this section unless samples suitable for DNA 06 identification and archiving and photographs of the remains have been obtained and 07 reasonable measures to identify the remains have been exhausted. 08 * Sec. 2. AS 18.60.150 is amended by adding new subsections to read: 09 (b) Each law enforcement agency in the state with reason to believe a missing 10 person is in the jurisdiction served by the agency shall accept a report of a missing 11 person. A law enforcement agency may not refuse to accept a missing person report 12 solely on the basis that 13 (1) the missing person is an adult; 14 (2) the circumstances do not indicate foul play; 15 (3) the person has been missing for a short period of time;
01 (4) the person has been missing for a long period of time. 02 (c) In accepting a report of a missing person, the law enforcement agency shall 03 gather relevant information relating to the disappearance. The law enforcement agency 04 shall gather, at the time of the report, information including 05 (1) the name of the missing person, including alternative names used; 06 (2) the date of birth; 07 (3) identifying marks such as birthmarks, moles, tattoos, and scars; 08 (4) height and weight; 09 (5) gender; 10 (6) race; 11 (7) current hair color and true or natural hair color; 12 (8) eye color; 13 (9) prosthetics, surgical implants, or cosmetic implants; 14 (10) physical anomalies; 15 (11) blood type; 16 (12) driver's license number, social security number, and credit card 17 numbers; 18 (13) a photograph of the missing person; 19 (14) a description of the clothing the missing person was believed to 20 have been wearing; 21 (15) a description of items that might be with the missing person; 22 (16) information on the missing person's electronic communications 23 devices, such as wireless telephone numbers and electronic mail addresses; 24 (17) the reasons why the reporting person believes that the person is 25 missing; 26 (18) the name and location of the missing person's school or employer; 27 (19) the name and location of the missing person's dentist and primary 28 care physician; 29 (20) any circumstances that may indicate that the disappearance of the 30 missing person was not voluntary; 31 (21) any circumstances that indicate that the missing person may be at
01 risk of injury or death; 02 (22) a description of the possible means of transportation of the 03 missing person; 04 (23) any identifying information about a known or possible abductor 05 and the person last seen with the missing person, including 06 (A) name; 07 (B) physical description; 08 (C) date of birth; 09 (D) identifying marks; 10 (E) description of a possible means of transportation, including 11 make, model, color, license plate number, and vehicle identification number of 12 a vehicle; 13 (F) known associates; 14 (24) any other information that can aid in locating the missing person; 15 and 16 (25) date of last contact. 17 (d) The law enforcement agency shall notify the person making the report, a 18 family member, or another person in a position to assist in the efforts to locate the 19 missing person; the law enforcement agency 20 (1) shall provide general information about the handling of the missing 21 person case or about intended efforts in the case to the extent that the law enforcement 22 agency determines that disclosure would not adversely affect its ability to locate or 23 protect the missing person, or to apprehend or prosecute any person criminally 24 involved in the disappearance; 25 (2) shall notify the person making the report or other necessary person 26 that the person notified promptly contact the law enforcement agency if the missing 27 person remains missing to provide additional information and materials that may aid 28 in locating the missing person; the law enforcement agency shall also notify the person 29 of the specific information or materials needed, such as credit cards the missing person 30 has access to, other banking information, and records of wireless telephone use; 31 (3) shall notify the person making the report that any DNA samples
01 provided for the missing person case are provided on a voluntary basis and may be 02 used to help locate or identify the missing person; 03 (4) is encouraged to make available informational materials that advise 04 the public about how the information or materials identified in this subsection are used 05 to help locate or identify missing persons. 06 (e) If the person identified in the missing person report remains missing after 07 30 days, and the additional information and materials specified below have not been 08 received, the law enforcement agency shall attempt to obtain 09 (1) DNA samples from family members and from the missing person 10 along with any needed documentation, including any consent forms, required for the 11 use of state or federal DNA databases; 12 (2) an authorization to release dental or skeletal x-rays of the missing 13 person; 14 (3) any additional photographs of the missing person that may aid the 15 investigation or an identification; the law enforcement agency is not required to obtain 16 written authorization before it releases publicly any photograph that would aid in the 17 investigation or identification of the missing person; 18 (4) dental information and x-rays; and 19 (5) fingerprints. 20 (f) All DNA samples obtained in a missing person case shall be immediately 21 forwarded to an approved facility for analysis. 22 (g) Information relevant to the Federal Bureau of Investigation, Violent 23 Criminal Apprehension Program shall be entered as soon as is reasonably possible. All 24 missing person reports accepted by a law enforcement agency shall be immediately 25 entered into the National Crime Information Center Missing Person File, Unidentified 26 Person File, and the state crime information system. 27 (h) This subsection does not preclude a law enforcement agency from 28 attempting to obtain the materials identified in this subsection before the expiration of 29 the 30-day period. 30 * Sec. 3. AS 18.60 is amended by adding new sections to read: 31 Sec. 18.60.153. High-risk missing person. (a) On initial receipt of a missing
01 person report, the law enforcement agency shall immediately determine whether there 02 is a basis to determine that the person missing is a high-risk missing person. If a law 03 enforcement agency has previously determined that a missing person is not a high-risk 04 missing person, but obtains new information, it shall immediately determine whether 05 the information provided to the law enforcement agency indicates that the person 06 missing is a high-risk missing person. The law enforcement agency shall perform risk 07 assessments identified in this subsection not later than 72 hours after the initial 08 missing person report or the new information was provided to the law enforcement 09 agency. 10 (b) A high-risk missing person is an individual whose whereabouts are not 11 currently known and the circumstances indicate that the individual may be at risk of 12 injury or death. The circumstances that indicate that an individual is a high-risk 13 missing person include any of the following: 14 (1) the person is missing as a result of abduction by a stranger; 15 (2) the person is missing under suspicious circumstances; 16 (3) the person is missing under known dangerous circumstances; 17 (4) the person is missing more than 30 days; 18 (5) the person has already been designated as a high-risk missing 19 person by another law enforcement agency; 20 (6) there is evidence that the person is at risk because the missing 21 person 22 (A) is in need of medical attention or prescription medication; 23 (B) may have been abducted by a noncustodial parent; 24 (C) is mentally impaired; 25 (D) is a person under 18 years of age; or 26 (E) has been the subject of past threats or acts of violence; 27 (7) any other circumstance that the law enforcement agency uses to 28 determine that the missing person may be at risk. 29 (c) When the law enforcement agency determines that the missing person is a 30 high-risk missing person, the law enforcement agency shall notify the Alaska state 31 troopers. The law enforcement agency shall immediately provide to the Alaska state
01 troopers the information most likely to aid in the location and safe return of the high- 02 risk missing person, and shall provide, as soon as practicable, all other information 03 obtained relating to the missing person case. The Alaska state troopers shall promptly 04 notify all law enforcement agencies within the state of the information that may aid in 05 the prompt location and safe return of the high-risk missing person. The local law 06 enforcement agencies who receive the notification from the Alaska state troopers shall 07 notify officers to be on the lookout for the missing person or a suspected abductor. 08 (d) The law enforcement agency receiving a high-risk missing person report 09 shall immediately enter all collected information relating to the missing person case in 10 available state and federal databases. The information shall be provided in accordance 11 with applicable guidelines relating to the databases. 12 Sec. 18.60.155. Missing persons report protocols. Law enforcement agencies 13 are encouraged to establish written protocols for the handling of missing person cases 14 to accomplish the purpose of this AS 18.60.150 - 18.60.170. 15 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. AS 18.60.150(b) - (h), added by sec. 1 of this Act, and 18 AS 18.60.153 - 18.60.155, added by secs. 2 and 3 of this Act, apply to reports and 19 investigations of missing persons when the person is reported as missing after the effective 20 date of this Act.