ASSEMBLY PASSES MEASURE TO ENSURE EFFICIENT HANDLING OF MISSING PERSONS CASES

ASSEMBLY PASSES MEASURE TO ENSURE EFFICIENT HANDLING OF MISSING PERSONS CASES
'Patricia's Law' Could Be National Model for Law Enforcement

(TRENTON) - Legislation Assembly members Valerie Vainieri Huttle, Gordon Johnson, Joan Voss, and Linda Greenstein sponsored to enhance the ability of law enforcement officials to efficiently locate missing persons and reunite them with their families passed today in the General Assembly.

"When a loved one goes missing, families need to know that law enforcement is following a comprehensive playbook that will leave no stone unturned," said Vainieri Huttle (D-Bergen). "New Jersey should be a national leader in setting the standards that other law enforcement agencies across the country can follow."

The measure (S-2255/A-3643) - dubbed "Patricia's Law" - is named for Patricia Viola, a Bogota wife and mother who went missing from her home in February 2001.  Her disappearance was considered especially troubling as she suffered from epilepsy, which requires medication to control.  There is no evidence that she either took medications with her the day she disappeared or had access to her medicines.

The bill is based on model missing-persons legislation crafted by the National Criminal Justice Reference Service.  It would direct the Superintendent of State Police to develop a statewide best-practice and training protocol for addressing missing persons cases.  The State Police also would train local law enforcement on the proper handling of missing persons cases.

"When a missing persons report is filed, every second becomes precious time," said Johnson (D-Bergen). "Regardless of where a case originates, every law enforcement agency should be working in lock-step to reunite a family with a loved one who has disappeared."

The bill would define a high-risk missing person as an individual whose disappearance suggests he or she may be at risk of injury or death.  Such circumstances would include abduction, direct knowledge that the person is in need of medical attention, or a person missing for more than 30 days.  Under this classification, Patricia Viola's medical history would have prioritized her as a "high risk" missing persons case.

"When a missing person is deemed to be in a decidedly precarious situation, the law enforcement community needs the ability to intensify its search," said Voss (D-Bergen).  "When time is literally of the essence, officials should not have to wait for a bureaucratic green light to mobilize every resource at their disposal."

When a law enforcement agency determines that a missing person is high-risk, it would notify the State Police Missing Persons Unit, which would then alert all police agencies across New Jersey and in the surrounding states.  In the case of a missing child, photographic information would be distributed nationally via the Missing Child Alert System. 

A high-risk missing person case would be required to be entered in the National Crime Information Center within two hours of the reported disappearance; all other missing persons cases would be entered within 24 hours of the initial report.

The measure also would mandate the state Attorney General's office to train local law enforcement agencies on proper procedures for handling death-scene investigations.  The bill would impose specific testing requirements upon medical examiners, including the use of photographs, fingerprints, dental records, and DNA testing for unidentified remains; a prohibition against cremating unidentified remains; and the retaining of tissue samples or other forensic evidence that could facilitate a future identification after the body has been buried.

"Helping the families of missing persons to become reunited with a loved one, or to at least reach closure, will require a comprehensive approach that links together all levels of law enforcement and makes use of cutting-edge forensic science," said Greenstein. 
"Nothing should ever be left to chance."

According to the State Police, there are between 15,000 and 18,000 missing persons cases reported each year.

This bill passed  80-0.  It now heads to the Governor, who may sign it, veto it or modify it in the form of a conditional veto.

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