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2003 SESSION
030487616Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 4 of Chapter 11 of Title 2.2 a section numbered 2.2-1161.1, by adding a section numbered 22.1-16.2 and by adding in Title 52 a chapter numbered 7.1, consisting of sections numbered 52-34.1, 52-34.2, and 52-34.3 as follows:
§ 2.2-1161.1. Code Adam alerts in public buildings.
Each state building that is open to the public shall have in place a Code Adam or similar program for the prevention of child abduction. Code Adam is a protocol used as a preventive tool against child abductions and for locating lost children in public buildings. The Department of General Services shall develop model plans and ensure that each building covered by this section is prepared to activate Code Adam or a similar program under appropriate circumstances. All state agencies shall render assistance to the Department, upon request, in implementing this statute and the Department's plan within their buildings.
§ 22.1-16.2. Child identification kits.
The Board of Education shall develop, in cooperation with private entities, a program to provide parental access to child identification kits. The Board shall inform local schools about the availability of child protection kits from private entities and encourage the participation of private entities. The kits may include identification information about the subject child, including current photo, fingerprints, DNA samples, and important medical information and shall include instructions for the proper safekeeping of the kit. In no case shall such kits be held for safekeeping by any school, school board, or other public entity.
§ 52-34.1. Definitions.
"Abducted child" means a child whose whereabouts are unknown and who is believed to have been abducted, is 17 years of age or younger, and whose disappearance poses a credible threat as determined by law enforcement to the safety and health of the child and under such other circumstances as deemed appropriate by the Virginia State Police.
"Amber Alert" means the notice of child abduction provided to the public by the media or other methods under an Amber Agreement.
"Amber Alert Program" or "Program" means the procedures and Amber Agreements to aid in the identification and location of abducted children.
"Amber Agreement" means the voluntary agreement between law-enforcement officials and members of the media whereby a child will be declared abducted, the public will be notified, and includes all other incidental conditions of the partnership as found appropriate by the Virginia State Police.
"Media" means print, radio, television, and Internet-based communication systems or other methods.
§ 52-34.2. Establishment of the Virginia Amber Alert Program.
The Virginia State Police shall be responsible for developing policies for the establishment of uniform standards for the creation of Amber Alert Programs throughout the Commonwealth. Amber Alert Programs may be local, regional, or statewide. They may include multiple localities or regions and may be expanded or compressed. The Virginia State Police may (i) inform local law enforcement officials of the policies and procedures for the Amber Alert programs set by the State Police; (ii) assist in determining the geographic scope of a particular Amber Alert; and (iii) establish procedures and standards by which a local law-enforcement agency may verify a child has been abducted and report such information to the Virginia State Police.
The establishment of an Amber Alert Program by a locality and the media is voluntary and nothing in this chapter shall be construed to be a mandate that the local officials or the media establish or participate in an Amber Alert Program. Existing Amber Agreements and Programs shall not be altered by this legislation. The Virginia State Police, however, shall make all localities aware of the new law and policies and offer assistance in conforming them to this chapter.
§ 52-34.3. Activation of Amber Alert Program upon an incident of child abduction.
A. Upon receipt of a notice of a child abduction from a law-enforcement agency, the Virginia State Police shall confirm the accuracy of the information and provide assistance in the implementation of the Amber Alert Program as the investigation dictates.
B. Amber Alerts may be local, regional or statewide. The initial decision to make an Amber Alert shall be in the discretion of the local law-enforcement officials. Local law- enforcement and the Virginia State Police are encouraged to work together and confer. The Virginia Center for Missing Children of the Virginia State Police shall serve as a clearinghouse for information related to an abduction.
C. In those situations where appropriate, the Virginia State Police shall send the Amber Alert to Virginia's emergency alert system. Participating radio and television stations are encouraged to issue the alert at designated intervals as specified by the Amber Alert Program.
D. The Amber Alert shall include such information as the law-enforcement agency deems appropriate that will assist in the safe recovery of the abducted child.
E. The Amber Alert shall be cancelled under the terms of the Amber Agreement. Any local law-enforcement agency that locates a child who is the subject of an alert shall notify the Virginia State Police immediately that the child has been located.