Introduction - 94th Legislature (2025 - 2026)
Posted on 03/24/2025 04:33 p.m.
A bill for an act
relating to public safety; specifying conditions in which a missing person may be
considered to be endangered; requiring the commissioner of public safety to
establish policies and protocols for issuing alerts to the public regarding missing
and endangered persons; establishing the Public and Local Alert Advisory Board;
amending Minnesota Statutes 2024, sections 299C.52, subdivision 1; 299C.53, by
adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter
299C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 299C.52, subdivision 1, is amended to read:
As used in sections 299C.52 to 299C.565, the following
terms have the meanings given them:
(a) "Child" means any person under the age of 18 years or any person certified or known
to be mentally incompetent.
(b) "DNA" means deoxyribonucleic acid from a human biological specimen.
(c) "Endangered" means that a law enforcement official has received sufficient evidence
that the missing person is at risk of physical injury or death. The following circumstances
indicate that a missing person is at risk of physical injury or death:
(1) the person is missing as a result of a confirmed abduction or under circumstances
that indicate that the person's disappearance was not voluntary;
(2) the person is missing under known dangerous circumstances;
(3) the person is missing more than 30 days;
(4) the person is under the age of 21 and at least one other factor in this paragraph is
applicable;
(5) there is evidence the person is in need of medical attention or prescription medication
such that it will have a serious adverse effect on the person's health if the person does not
receive the needed care or medication;
(6) the person does not have a pattern of running away or disappearing;
(7) the person is mentally impaired;
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(8) the person has been diagnosed with dementia, a traumatic brain injury, Alzheimer's
disease, or other cognitive impairment;
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(9) the person has been diagnosed with autism;
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deleted text begin (8)deleted text end new text begin (10) new text end there is evidence that the person may have been abducted by a noncustodial
parent;
deleted text begin (9)deleted text end new text begin (11)new text end the person has been the subject of past threats or acts of violence;
deleted text begin (10)deleted text end new text begin (12)new text end there is evidence the person is lost in the wilderness, backcountry, or outdoors
where survival is precarious and immediate and effective investigation and search and rescue
efforts are critical; or
deleted text begin (11)deleted text end new text begin (13)new text end any other factor that the law enforcement agency deems to indicate that the
person may be at risk of physical injury or death, including a determination by another law
enforcement agency that the person is missing and endangered.
(d) "Missing" means the status of a person after a law enforcement agency that has
received a report of a missing person has conducted a preliminary investigation and
determined that the person cannot be located.
(e) "NCIC" means National Crime Information Center.
Minnesota Statutes 2024, section 299C.53, is amended by adding a subdivision to
read:
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The commissioner, in consultation with the Public and
Local Alert Advisory Board, must establish policies and procedures regarding alerts to the
general public about missing and endangered persons. The policies and procedures must,
at a minimum, identify what criteria should be considered when deciding whether to issue
a public alert, the type of information that should be shared with the public, the form in
which information should be transmitted, the way in which the alerts should interact with
local alert networks, and the recommended geographic scope for alerts.
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The Public and Local Alert Advisory Board is
established to provide advice and guidance to the commissioner of public safety related to
notifying the general public about missing and endangered persons.
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(a) The advisory board consists of the following
individuals:
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(1) the commissioner of health or a designee;
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(2) the commissioner of human services or a designee;
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(3) the superintendent of the Bureau of Criminal Apprehension or a designee;
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(4) the Minnesota AMBER Alert coordinator;
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(5) the chair of the Minnesota Board on Aging or a designee;
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(6) a chief of police, selected by the Minnesota Chiefs of Police Association;
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(7) a sheriff, selected by the Minnesota Sheriffs' Association;
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(8) the chair of the Minnesota Broadcasters Association or a designee;
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(9) the chair of the Minnesota-North Dakota chapter of the Alzheimer's Association or
a designee;
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(10) the chief executive officer of The Arc Minnesota or a designee;
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(11) the executive director of the Autism Society of Minnesota or a designee;
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(12) the chair of the Minnesota Brain Injury Alliance or a designee; and
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(13) the executive director of the National Alliance on Mental Illness Minnesota or a
designee.
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(b) Section 15.059, subdivisions 3 and 4, govern compensation and removal of members.
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(c) At the first meeting, the members of the advisory board shall elect a chair and may
elect other officers as the members deem necessary. The advisory board may adopt
procedures to govern its conduct.
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The advisory board shall offer advice to the commissioner on the
development of policies and procedures regarding when the general public should receive
alerts about missing and endangered persons. At a minimum, the advisory board must:
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(1) identify the types of cases in which the public should receive alerts;
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(2) identify existing methods of providing public alerts;
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(3) recommend the types of information that should be included in an alert;
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(4) recommend how the alert system should interact with existing local alert systems;
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(5) recommend appropriate geographic limitations for certain alerts; and
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(6) identify appropriate community partners to facilitate effective alerts.
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Notwithstanding section 15.059, this section
does not expire.
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The commissioner may accept lawful grants and in-kind contributions
from any federal, state, or local source; legal business; or individual not funded by this
section for general operation support, including personnel costs. These grants or in-kind
contributions are not to be directed toward the case of a particular victim. The advisory
board's fiscal agent shall handle all funds approved by the commissioner, including in-kind
contributions.
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