Miss. Code § 45-41-3

Current through 6/1/2024
Section 45-41-3 - [Effective 7/1/2024] [Purple Alert]
(1) In addition to the statewide Silver Alert System required under Section 45-41-1 and the Amber Alert System operated by the Mississippi Bureau of Investigation of the Department of Public Safety, there is established the Purple Alert as a standardized system to be used by local law enforcement agencies to aid in the search of a missing person. A Purple Alert may be in addition to: an active Amber Alert; an active Silver Alert; or any mass notification provided by email regarding a person's disappearance that does not meet the criteria for a Silver Alert, as authorized under Section 45-41-1(7).
(2) At a minimum, a Purple Alert must:
(a) Be determined by a local law enforcement agency, in an emergency situation, to be a viable means by which a missing person is likely to be returned to safety;
(b) Provide, to the greatest extent possible, for the protection of the privacy, dignity and independence of the missing person by including standards aimed at preventing the inadvertent or unnecessary broadcasting or dissemination of sensitive health and diagnostic information;
(c) Limit the broadcasting and dissemination of alerts and related information to the geographic areas where the missing person could reasonably be, considering the person's circumstances and physical and mental condition, the potential modes of transportation available to the person or suspected to be involved, and the known or suspected circumstances of the person's disappearance; and
(d) Be activated only when a law enforcement agency receives a report of a missing person which includes the information required under Section 45-41-1(4)(d).
(3) Under a Purple Alert, a local law enforcement agency may broadcast information concerning a missing person:
(a) Who has: a mental or cognitive disability that is not Alzheimer's disease or a dementia-related disorder; an intellectual disability or a developmental disability; a brain injury; another physical, mental or emotional disability that is not related to substance abuse; or a combination of any of these;
(b) Whose disappearance indicates a credible threat of immediate danger or serious bodily harm to himself or herself, as determined by the local law enforcement agency; and
(c) Who most likely cannot be returned to safety without law enforcement intervention.
(4) If a Purple Alert is determined to be necessary and appropriate, the local law enforcement agency having jurisdiction must notify the media and persons who have subscribed to receive alert notifications in the jurisdiction or jurisdictions where the missing person may be located. The law enforcement agency also must report the person missing to the Mississippi Bureau of Investigation of the Department of Public Safety.
(5) The Purple Alert system must include procedures to monitor the use, activation and results of alerts and a strategy for informing and educating law enforcement, the media and other stakeholders concerning the alert.
(6) A local law enforcement agency may activate a Purple Alert notwithstanding the existence of an active Silver Alert or Amber Alert for the same missing person if the agency determines that a Purple Alert may improve the chances of finding the person.

Miss. Code § 45-41-3

Added by Laws, 2024, ch. TBD, HB 873,§ 1, eff. 7/1/2024.