South Carolina General Assembly
118th Session, 2009-2010

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A192, R240, H3719

STATUS INFORMATION

General Bill
Sponsors: Reps. Clemmons, Weeks, Willis and Dillard
Document Path: l:\council\bills\swb\5798cm09.docx
Companion/Similar bill(s): 174, 3817

Introduced in the House on March 24, 2009
Introduced in the Senate on May 20, 2009
Last Amended on May 19, 2009
Passed by the General Assembly on May 20, 2010
Governor's Action: May 28, 2010, Signed

Summary: Missing person reports

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/24/2009  House   Introduced and read first time HJ-9
   3/24/2009  House   Referred to Committee on Judiciary HJ-10
   4/30/2009  House   Member(s) request name added as sponsor: Weeks
   5/14/2009  House   Member(s) request name added as sponsor: Willis, Dillard
   5/14/2009  House   Recalled from Committee on Judiciary HJ-66
   5/19/2009  House   Amended HJ-33
   5/19/2009  House   Read second time HJ-35
   5/20/2009  House   Read third time and sent to Senate HJ-19
   5/20/2009  Senate  Introduced and read first time SJ-9
   5/20/2009  Senate  Referred to Committee on Judiciary SJ-9
   1/12/2010  Senate  Referred to Subcommittee: Hutto (ch), Rose, Shoopman
    5/5/2010  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-10
    5/6/2010  Senate  Committee Amendment Adopted SJ-20
    5/6/2010  Senate  Read second time SJ-20
   5/12/2010  Senate  Read third time and returned to House with amendments 
                        SJ-13
   5/20/2010  House   Concurred in Senate amendment and enrolled HJ-41
   5/20/2010  House   Roll call Yeas-92  Nays-0 HJ-41
   5/25/2010          Ratified R 240
   5/28/2010          Signed By Governor
    6/3/2010          Effective date 05/28/10
    6/9/2010          Act No. 192

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/24/2009
5/14/2009
5/19/2009
5/5/2010
5/6/2010


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A192, R240, H3719)

AN ACT TO AMEND SECTION 23-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUBMISSION OF A MISSING PERSON REPORT TO THE MISSING PERSON INFORMATION CENTER, SO AS TO PROVIDE THAT ANY PERSON RESPONSIBLE FOR A MISSING PERSON MAY SUBMIT A MISSING PERSON REPORT; TO AMEND SECTION 23-3-250, RELATING TO THE DISSEMINATION OF MISSING PERSON REPORT DATA, SO AS TO PROVIDE THAT ANY PERSON RESPONSIBLE FOR A MISSING PERSON SHALL MAKE ARRANGEMENTS FOR ENTRY OF DATA ABOUT THE PERSON INTO THE NATIONAL MISSING PERSON FILE AND PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL SHARE THIS INFORMATION WITH LOCAL MEDIA OUTLETS; TO AMEND SECTION 23-3-270, RELATING TO THE DUTY OF A PERSON WHO SUBMITS A MISSING PERSON REPORT TO A LAW ENFORCEMENT AGENCY OR THE MISSING PERSON INFORMATION CENTER TO NOTIFY BOTH ENTITIES OF THE LOCATION OF AN INDIVIDUAL CONTAINED IN THE REPORT WHOSE LOCATION HAS BEEN DETERMINED, SO AS TO PROVIDE THAT ANY PERSON RESPONSIBLE FOR A MISSING PERSON MAY SUBMIT A MISSING PERSON REPORT TO A LAW ENFORCEMENT AGENCY OR TO THE MISSING PERSON INFORMATION CENTER; AND BY ADDING SECTION 23-3-330 SO AS TO ESTABLISH THE ENDANGERED PERSON NOTIFICATION SYSTEM WITHIN THE MISSING PERSON INFORMATION CENTER, AND TO PROVIDE FOR ITS PURPOSE AND PROCEDURES.

Be it enacted by the General Assembly of the State of South Carolina:

Missing person report

SECTION    1.    Section 23-3-240 of the 1976 Code is amended to read:

"Section 23-3-240.    Any parent, spouse, guardian, legal custodian, public or private agency or entity, or any person responsible for a missing person, may submit a missing person report to the MPIC on any missing child or missing person, regardless of the circumstances, after having first submitted a missing person report on the individual to the law enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing, regardless of the circumstances."

Missing person report

SECTION    2.    Section 23-3-250 of the 1976 Code is amended to read:

"Section 23-3-250. A law enforcement agency, upon receipt of a missing person report by a parent, spouse, guardian, legal custodian, public or private agency or entity, or any person responsible for a missing person, immediately shall make arrangements for the entry of data about the missing person or missing child into the national missing persons file in accordance with criteria set forth by the FBI/NCIC, inform all of the agency's on-duty law enforcement officers of the missing person report, initiate a statewide broadcast to all other law enforcement agencies to be on the lookout for the individual, contact the agency's local media outlets when appropriate, and transmit a copy of the report to the MPIC."

Missing person report

SECTION    3.    Section 23-3-270 of the 1976 Code is amended to read:

"Section 23-3-270.    Any parent, spouse, guardian, legal custodian, public or private agency or entity, or any person responsible for a missing person, who submits a missing person report to a law enforcement agency or to the MPIC, after having first submitted the missing person report to the appropriate law enforcement agency, immediately shall notify the law enforcement agency and the MPIC of any individual whose location has been determined. The MPIC shall instigate and confirm the deletion of the individual's records from the FBI/NCIC's missing person file, as long as there are no grounds for criminal prosecution, and follow up with the local law enforcement agency having jurisdiction of the records."

The Endangered Person Notification System

SECTION    4.    Article 5, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-330.    (A)    The Endangered Person Notification System is established within the Missing Person Information Center. The purpose of the Endangered Person Notification System is to provide a statewide system for the rapid dissemination of information regarding a missing person who is believed to be suffering from dementia or some other cognitive impairment.

(B)    If the center receives a report that involves a missing person who is believed to be suffering from dementia or some other cognitive impairment, for the protection of the person from potential abuse or other physical harm, neglect, or exploitation, the center shall issue a notification providing for the appropriate dissemination of information regarding the person.

(C)    The center shall adopt guidelines and develop procedures for issuing notifications for missing persons believed to be suffering from dementia or some other cognitive impairment, provide education and training to local law enforcement agencies, and encourage radio and television broadcasters to participate in the notifications.

(D)    The center shall consult with the Department of Transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on a missing person who is believed to be suffering from dementia or some other cognitive impairment when the person's vehicle and license tag information is available. The Department of Transportation shall utilize current protocol for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 25th day of May, 2010.

Approved the 28th day of May, 2010.

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