NE Laws/Alerts in Place
- Thread starter imamaze
- Start date
- Status
On May 25, 2005, National Missing Children's Day, the Nebraska Unicameral passed LB111, Jason's Law, establishing the Missing Person's Clearinghouse. Jason's Law was created by the family of Jason Jolkowski, of Omaha. Jason was 19 years old when he disappeared from in front of his Omaha home on June 13, 2001. Jason remains one of the missing. His picture and information appear on the Missing Person's Clearinghouse.
The Nebraska State Patrol will serve as a central repository for information on missing persons to include missing children. The information is collected and disseminated to assist law enforcement agencies, public and private organizations and the citizens of Nebraska in locating missing persons.
The Nebraska Missing Persons Information Clearinghouse can be reached at
402-479-4986 in the Lincoln Metro Area or
Toll free 1-877-441-LOST (1-877-441-5678) Outside the Lincoln Metro Area. Nebraska
LB 111
Establishes the Missing Persons Information Clearinghouse within the Nebraska State Patrol to be used by all law enforcement agencies in the state and to serve as a central repository for information on missing persons.
29-212 Missing Persons Information Clearinghouse; terms, defined. For purposes of sections 29-212 to 29-214.01, unless the context otherwise requires:
(1) Missing person means a person who has been reported as missing to a law enforcement agency; and
(2) Missing Persons Information Clearinghouse means the repository established within the Nebraska State Patrol pursuant to section 29-214.01.
Laws 1985, LB 187, § 1; Laws 2005, LB 111, § 1.
http://www.legislature.ne.gov/laws/statutes.php?statute=s2902012000&print=true
29-213 Missing Persons Information Clearinghouse; missing person report; law enforcement agency; duties. When a report of a missing person has been received by a law enforcement agency having jurisdiction, the agency shall notify:
(1) On-duty personnel of the agency, as soon as practicable, through internal means and over the appropriate police radio network;
(2) All law enforcement agencies considered to be involved by the law enforcement agency having jurisdiction
(3) All law enforcement agencies to which the person filing the report requests that the information be sent, if the request is reasonable in light of the information contained in the report;
(4) All law enforcement agencies requesting the information; and
(5) The Missing Persons Information Clearinghouse.
Source
Laws 1985, LB 187, § 2; Laws 2005, LB 111, § 2.
http://www.legislature.ne.gov/laws/statutes.php?statute=s2902013000&print=true
29-214 Missing Persons Information Clearinghouse; missing person report; unemancipated minor; law enforcement agency; duties. (1) If a report of a missing person involves an unemancipated minor, the law enforcement agency shall immediately transmit the proper information for inclusion in the National Crime Information Center computer and the Missing Persons Information Clearinghouse.
(2) If a report of a missing person involves an unemancipated minor, a law enforcement agency shall not prevent an immediate active investigation on the basis of an agency rule which specifies an automatic time limitation for a missing person investigation.
Laws 1985, LB 187, § 3; Laws 2005, LB 111, § 3.
29-214.01 Missing Persons Information Clearinghouse; Nebraska State Patrol; powers and duties. (1) The Missing Persons Information Clearinghouse is established within the Nebraska State Patrol. The Nebraska State Patrol shall provide for the administration of the clearinghouse and may adopt and promulgate rules and regulations to carry out the provisions of this section.
(2) The Missing Persons Information Clearinghouse shall be used by all law enforcement agencies in the state as a central repository for information on missing persons. Such information shall be provided on a uniform form prescribed by the Nebraska State Patrol.
(3) In connection with the Missing Persons Information Clearinghouse, the Nebraska State Patrol shall:
(a) Collect, process, maintain, and disseminate information about missing persons in Nebraska through hard copy or electronic means;
(b) Develop training programs for law enforcement agencies concerning the appropriate procedures to report missing persons to the clearinghouse;
(c) Cooperate with other states and the National Crime Information Center in the exchange of information on missing persons;
(d) Maintain a statewide, toll-free telephone line, twenty-four hours a day, to receive and disseminate information related to missing persons;
(e) Maintain an Internet web site accessible to law enforcement agencies and to the public with information on missing persons and with information about the resources available through the clearinghouse. Nothing in this section shall prevent the Nebraska State Patrol from establishing a separate link accessible only to law enforcement agencies for the dissemination and collection of sensitive information as determined by the Nebraska State Patrol;
(f) Develop training programs to assist in the prevention of kidnapping;
(g) Maintain a registry of prevention and education materials and programs regarding missing and runaway minors through hard copy or electronic means;
(h) Distribute through hard copy or electronic means monthly missing persons bulletins to local law enforcement agencies and to other interested individuals, agencies, and media outlets which request such information. The bulletins shall contain information on missing persons in Nebraska, including names, photographs or other images, if available, descriptions of missing persons, the law enforcement agencies or persons to contact with information regarding missing persons, and the names of persons reported missing whose locations have been determined and confirmed;
(i) Produce, update at least weekly, and distribute, through hard copy or electronic means, press releases about missing persons to media outlets which request missing person information, containing the same or similar information contained in the monthly missing persons bulletin;
(j) Compile statistics relating to the incidence of missing persons within Nebraska; and
(k) Encourage and seek both financial and in-kind support from private individuals and organizations to assist in carrying out the provisions of this section.
(4) The purpose of the Missing Persons Information Clearinghouse is to serve as a repository. The clearinghouse does not relieve the law enforcement agency having jurisdiction over a missing person case of its investigatory duties and does not automatically involve the Nebraska State Patrol as the primary investigatory agency in such case.
(5) The Missing Persons Information Clearinghouse shall be notified after the location of a missing person has been determined and confirmed. After the location of a missing person has been determined and confirmed, the clearinghouse shall only release information described in subdivision (3)(h) of this section concerning the located person. Other information concerning the history of the missing person case shall be disclosed only to law enforcement agencies of this state and other jurisdictions when necessary for the discharge of official duties, and to the juvenile court in the county of residence of a formerly missing person who is a minor. All information in the clearinghouse relating to a missing person who is an adult shall be purged when the person's location has been determined and confirmed. All information in the clearinghouse relating to a missing person who is a minor shall be purged when the person reaches eighteen years of age and the person's location has been determined and confirmed.
http://www.legislature.ne.gov/laws/statutes.php?statute=s2902014001&print=true
Nebraska Revised Statute 29-4102
Revised Statutes » Chapter 29 » 29-4102
29-4102 Legislative findings. The Legislature finds that DNA data banks are an important tool in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, in deterring and detecting recidivist acts, and in locating and identifying missing persons and human remains. Several states have enacted laws requiring persons convicted of certain crimes, especially sex offenses, to provide genetic samples for DNA typing tests. Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations and in locating and identifying missing persons and human remains. It is in the best interest of this state to establish a State DNA Data Base for DNA records and a State DNA Sample Bank as a repository for DNA samples from individuals convicted of felony sex offenses and other specified offenses and from individuals for purposes of assisting in locating and identifying missing persons and human remains.
Source
Laws 1997, LB 278, § 2;
Laws 2006, LB 385, § 3;
Laws 2006, LB 1113, § 29.
Nebraska Revised Statute 29-4104
Revised Statutes » Chapter 29 » 29-4104
State DNA Data Base; established; contents; Nebraska State Patrol; duties.
29-4104 State DNA Data Base; established; contents; Nebraska State Patrol; duties. The State DNA Data Base is established. The Nebraska State Patrol shall administer the State DNA Data Base and shall provide DNA records to the Federal Bureau of Investigation for storage and maintenance in the Combined DNA Index System. The patrol shall provide for liaison with the Federal Bureau of Investigation and other law enforcement agencies in regard to the state's participation in the Combined DNA Index System. The State DNA Data Base shall store and maintain DNA records related to:
(1) Forensic casework, including, but not limited to, forensic casework relating to missing persons, relatives of missing persons, and unidentified human remains;
(2) Convicted offenders required to provide a DNA sample under the DNA Identification Information Act;
(3) Anonymous DNA records used for research or quality control; and
(4) Missing persons, relatives of missing persons, and unidentified human remains.
Laws 1997, LB 278, § 4;
Laws 2006, LB 385, § 5;
Laws 2006, LB 1113, § 30.
http://www.legislature.ne.gov/laws/statutes.php?statute=s2941004000
Nebraska Amber Alert
Nebraska AMBER Plan Criteria
1. The Nebraska Amber Plan requires law enforcement to meet the following criteria when evaluating a child abduction. Authorities must have all parts of the scenario present before an activation can occur. The guidelines are as follows:
a.) The child is the age of 17 or younger.
b.) Police have reason to believe the child is in danger of serious bodily harm or death.
c.) There is sufficient information available concerning the suspected abductor that the public can respond.
d.) The notifying law enforcement agency has participated in AMBER training for purposes of issuing AMBER Alerts.
e.) The plan is not intended for use in runaway or child custody situations.
2. The Amber Plan is activated only when the specific requirements of the plan are met as outlined above; therefore, the Amber Plan is not activated for every child abduction or custody dispute.
3. After receiving a report of a child kidnapping, the local law enforcement agency determines if the child kidnapping meets the requirements of the Amber Plan. If it does, the agency contacts the Nebraska State Patrol (NSP) to request activation of the Amber Plan. NSP then verifies the information and activates the system through Nebraska Educational Telecommunications (NET) and the information is broadcast over the State Emergency Alert System (EAS).
4. When the information is broadcast over the EAS system, it will immediately be delivered to all radio stations and television stations in Nebraska. Although the Amber Alert goes out only once via the EAS system, participating stations then re-broadcast the information at regular intervals.
5. If the child is recovered or the status of the case changes within the first 24 hours, the reporting law enforcement agency must notify the Nebraska State Patrol. An AMBER Alert Cancellation will then be broadcast over the EAS system. After 24 hours, no formal AMBER Cancellation will be broadcast over the EAS system. Instead, the reporting law enforcement agency must notify the Nebraska State Patrol of changes in the case. That information will be posted on the AMBER Alert page of the Nebraska State Patrol web site.
http://www.nsp.state.ne.us/FindFile.asp?ID=567
The Nebraska State Patrol will serve as a central repository for information on missing persons to include missing children. The information is collected and disseminated to assist law enforcement agencies, public and private organizations and the citizens of Nebraska in locating missing persons.
The Nebraska Missing Persons Information Clearinghouse can be reached at
402-479-4986 in the Lincoln Metro Area or
Toll free 1-877-441-LOST (1-877-441-5678) Outside the Lincoln Metro Area. Nebraska
LB 111
Establishes the Missing Persons Information Clearinghouse within the Nebraska State Patrol to be used by all law enforcement agencies in the state and to serve as a central repository for information on missing persons.
29-212 Missing Persons Information Clearinghouse; terms, defined. For purposes of sections 29-212 to 29-214.01, unless the context otherwise requires:
(1) Missing person means a person who has been reported as missing to a law enforcement agency; and
(2) Missing Persons Information Clearinghouse means the repository established within the Nebraska State Patrol pursuant to section 29-214.01.
Laws 1985, LB 187, § 1; Laws 2005, LB 111, § 1.
http://www.legislature.ne.gov/laws/statutes.php?statute=s2902012000&print=true
29-213 Missing Persons Information Clearinghouse; missing person report; law enforcement agency; duties. When a report of a missing person has been received by a law enforcement agency having jurisdiction, the agency shall notify:
(1) On-duty personnel of the agency, as soon as practicable, through internal means and over the appropriate police radio network;
(2) All law enforcement agencies considered to be involved by the law enforcement agency having jurisdiction
(3) All law enforcement agencies to which the person filing the report requests that the information be sent, if the request is reasonable in light of the information contained in the report;
(4) All law enforcement agencies requesting the information; and
(5) The Missing Persons Information Clearinghouse.
Source
Laws 1985, LB 187, § 2; Laws 2005, LB 111, § 2.
http://www.legislature.ne.gov/laws/statutes.php?statute=s2902013000&print=true
29-214 Missing Persons Information Clearinghouse; missing person report; unemancipated minor; law enforcement agency; duties. (1) If a report of a missing person involves an unemancipated minor, the law enforcement agency shall immediately transmit the proper information for inclusion in the National Crime Information Center computer and the Missing Persons Information Clearinghouse.
(2) If a report of a missing person involves an unemancipated minor, a law enforcement agency shall not prevent an immediate active investigation on the basis of an agency rule which specifies an automatic time limitation for a missing person investigation.
Laws 1985, LB 187, § 3; Laws 2005, LB 111, § 3.
29-214.01 Missing Persons Information Clearinghouse; Nebraska State Patrol; powers and duties. (1) The Missing Persons Information Clearinghouse is established within the Nebraska State Patrol. The Nebraska State Patrol shall provide for the administration of the clearinghouse and may adopt and promulgate rules and regulations to carry out the provisions of this section.
(2) The Missing Persons Information Clearinghouse shall be used by all law enforcement agencies in the state as a central repository for information on missing persons. Such information shall be provided on a uniform form prescribed by the Nebraska State Patrol.
(3) In connection with the Missing Persons Information Clearinghouse, the Nebraska State Patrol shall:
(a) Collect, process, maintain, and disseminate information about missing persons in Nebraska through hard copy or electronic means;
(b) Develop training programs for law enforcement agencies concerning the appropriate procedures to report missing persons to the clearinghouse;
(c) Cooperate with other states and the National Crime Information Center in the exchange of information on missing persons;
(d) Maintain a statewide, toll-free telephone line, twenty-four hours a day, to receive and disseminate information related to missing persons;
(e) Maintain an Internet web site accessible to law enforcement agencies and to the public with information on missing persons and with information about the resources available through the clearinghouse. Nothing in this section shall prevent the Nebraska State Patrol from establishing a separate link accessible only to law enforcement agencies for the dissemination and collection of sensitive information as determined by the Nebraska State Patrol;
(f) Develop training programs to assist in the prevention of kidnapping;
(g) Maintain a registry of prevention and education materials and programs regarding missing and runaway minors through hard copy or electronic means;
(h) Distribute through hard copy or electronic means monthly missing persons bulletins to local law enforcement agencies and to other interested individuals, agencies, and media outlets which request such information. The bulletins shall contain information on missing persons in Nebraska, including names, photographs or other images, if available, descriptions of missing persons, the law enforcement agencies or persons to contact with information regarding missing persons, and the names of persons reported missing whose locations have been determined and confirmed;
(i) Produce, update at least weekly, and distribute, through hard copy or electronic means, press releases about missing persons to media outlets which request missing person information, containing the same or similar information contained in the monthly missing persons bulletin;
(j) Compile statistics relating to the incidence of missing persons within Nebraska; and
(k) Encourage and seek both financial and in-kind support from private individuals and organizations to assist in carrying out the provisions of this section.
(4) The purpose of the Missing Persons Information Clearinghouse is to serve as a repository. The clearinghouse does not relieve the law enforcement agency having jurisdiction over a missing person case of its investigatory duties and does not automatically involve the Nebraska State Patrol as the primary investigatory agency in such case.
(5) The Missing Persons Information Clearinghouse shall be notified after the location of a missing person has been determined and confirmed. After the location of a missing person has been determined and confirmed, the clearinghouse shall only release information described in subdivision (3)(h) of this section concerning the located person. Other information concerning the history of the missing person case shall be disclosed only to law enforcement agencies of this state and other jurisdictions when necessary for the discharge of official duties, and to the juvenile court in the county of residence of a formerly missing person who is a minor. All information in the clearinghouse relating to a missing person who is an adult shall be purged when the person's location has been determined and confirmed. All information in the clearinghouse relating to a missing person who is a minor shall be purged when the person reaches eighteen years of age and the person's location has been determined and confirmed.
http://www.legislature.ne.gov/laws/statutes.php?statute=s2902014001&print=true
Nebraska Revised Statute 29-4102
Revised Statutes » Chapter 29 » 29-4102
29-4102 Legislative findings. The Legislature finds that DNA data banks are an important tool in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, in deterring and detecting recidivist acts, and in locating and identifying missing persons and human remains. Several states have enacted laws requiring persons convicted of certain crimes, especially sex offenses, to provide genetic samples for DNA typing tests. Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations and in locating and identifying missing persons and human remains. It is in the best interest of this state to establish a State DNA Data Base for DNA records and a State DNA Sample Bank as a repository for DNA samples from individuals convicted of felony sex offenses and other specified offenses and from individuals for purposes of assisting in locating and identifying missing persons and human remains.
Source
Laws 1997, LB 278, § 2;
Laws 2006, LB 385, § 3;
Laws 2006, LB 1113, § 29.
Nebraska Revised Statute 29-4104
Revised Statutes » Chapter 29 » 29-4104
State DNA Data Base; established; contents; Nebraska State Patrol; duties.
29-4104 State DNA Data Base; established; contents; Nebraska State Patrol; duties. The State DNA Data Base is established. The Nebraska State Patrol shall administer the State DNA Data Base and shall provide DNA records to the Federal Bureau of Investigation for storage and maintenance in the Combined DNA Index System. The patrol shall provide for liaison with the Federal Bureau of Investigation and other law enforcement agencies in regard to the state's participation in the Combined DNA Index System. The State DNA Data Base shall store and maintain DNA records related to:
(1) Forensic casework, including, but not limited to, forensic casework relating to missing persons, relatives of missing persons, and unidentified human remains;
(2) Convicted offenders required to provide a DNA sample under the DNA Identification Information Act;
(3) Anonymous DNA records used for research or quality control; and
(4) Missing persons, relatives of missing persons, and unidentified human remains.
Laws 1997, LB 278, § 4;
Laws 2006, LB 385, § 5;
Laws 2006, LB 1113, § 30.
http://www.legislature.ne.gov/laws/statutes.php?statute=s2941004000
Nebraska Amber Alert
Nebraska AMBER Plan Criteria
1. The Nebraska Amber Plan requires law enforcement to meet the following criteria when evaluating a child abduction. Authorities must have all parts of the scenario present before an activation can occur. The guidelines are as follows:
a.) The child is the age of 17 or younger.
b.) Police have reason to believe the child is in danger of serious bodily harm or death.
c.) There is sufficient information available concerning the suspected abductor that the public can respond.
d.) The notifying law enforcement agency has participated in AMBER training for purposes of issuing AMBER Alerts.
e.) The plan is not intended for use in runaway or child custody situations.
2. The Amber Plan is activated only when the specific requirements of the plan are met as outlined above; therefore, the Amber Plan is not activated for every child abduction or custody dispute.
3. After receiving a report of a child kidnapping, the local law enforcement agency determines if the child kidnapping meets the requirements of the Amber Plan. If it does, the agency contacts the Nebraska State Patrol (NSP) to request activation of the Amber Plan. NSP then verifies the information and activates the system through Nebraska Educational Telecommunications (NET) and the information is broadcast over the State Emergency Alert System (EAS).
4. When the information is broadcast over the EAS system, it will immediately be delivered to all radio stations and television stations in Nebraska. Although the Amber Alert goes out only once via the EAS system, participating stations then re-broadcast the information at regular intervals.
5. If the child is recovered or the status of the case changes within the first 24 hours, the reporting law enforcement agency must notify the Nebraska State Patrol. An AMBER Alert Cancellation will then be broadcast over the EAS system. After 24 hours, no formal AMBER Cancellation will be broadcast over the EAS system. Instead, the reporting law enforcement agency must notify the Nebraska State Patrol of changes in the case. That information will be posted on the AMBER Alert page of the Nebraska State Patrol web site.
http://www.nsp.state.ne.us/FindFile.asp?ID=567
ChattyWoman
New Member
- Joined
- Jul 1, 2008
- Messages
- 680
- Reaction score
- 2
ChattyWoman
New Member
- Joined
- Jul 1, 2008
- Messages
- 680
- Reaction score
- 2
Nebraska Amber Alert Program
Activation Criteria In deciding to activate the Amber Plan, law enforcement personnel must determine whether all of the following criteria are met:
The child is 17 years of age or younger.
There is evidence the child is in danger of serious bodily harm or death.
There is sufficient information available to disseminate to the general public, which could assist in the safe recovery of the victim and/or apprehension of a suspect.
The Amber Plan is not intended for runaways, missing children or child custody disputes. The program is resstricted to child abduction cases that could be life threatening.
Activation Criteria In deciding to activate the Amber Plan, law enforcement personnel must determine whether all of the following criteria are met:
The child is 17 years of age or younger.
There is evidence the child is in danger of serious bodily harm or death.
There is sufficient information available to disseminate to the general public, which could assist in the safe recovery of the victim and/or apprehension of a suspect.
The Amber Plan is not intended for runaways, missing children or child custody disputes. The program is resstricted to child abduction cases that could be life threatening.
- Status