HB2453 H JUD AM 3-6 #1
The Committee on the Judiciary moves to amend the bill on
page one, following the title of the bill, by striking out the
remainder of the bill and inserting in lieu thereof the
following language:
"PREAMBLE
THIS LEGISLATION SHALL BE KNOWN AS 'SKYLAR'S LAW.' WHEREAS,
THE AMBER PLAN, A PLAN TO HELP RECOVER ABDUCTED CHILDREN, HAS
BEEN IN EFFECT IN WEST VIRGINIA FOR NEARLY TEN YEARS WITH VERY
SUCCESSFUL RESULTS. THE AMBER PLAN NOT ONLY HELPS TO RECOVER
ABDUCTED CHILDREN BUT ALSO ACTS AS A DETERRENT TO THIS TYPE OF
CRIME. SKYLAR'S LAW WILL REQUIRE LAW ENFORCEMENT AGENCIES TO
REPORT A SUSPECTED ABDUCTION OR MISSING CHILD TO THE AMBER
ALERT AUTHORITIES IN THE INITIAL STAGES OF INVESTIGATION TO
FACILITATE THEIR SAFE RETURN.
Be it enacted by the Legislature of West Virginia:
That §15-3A-4 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 3A. AMBER ALERT PLAN.
§15-3A-4. Activation of Amber Alert.
(a) The following criteria shall be met before the State
Police activate the Amber Alert:
(1) The child is believed to be abducted;
(2) The child is seventeen years of age or younger;
(3) The child may be in danger of death or serious bodily
injury; and
(4) There is sufficient information available to indicate that
an Amber Alert would assist in locating the child.
(b) In the event of suspicion that a child has been abducted
or is missing, and in the initial stages of a missing or abducted
child investigation, the reporting law enforcement agency shall
contact the West Virginia State Police Communications Center by
phone. The communications center will then contact the Amber Alert
Coordinator to determine if the Amber Alert criteria are
satisfied."