Codifies AG recommendations for issuing Amber Alert when family member abducts child.

A1964

ASSEMBLY, No. 1964

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

���� Codifies AG recommendations for issuing Amber Alert
when family member abducts child.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning certain alerts in cases involving
abductions of children by family members and amending P.L.2002, c.129.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 3 of P.L.2002,
c.129 (C.52:17B-194.3) is amended to read as follows:

���� 3.��� a.� The Attorney General
shall establish "Amber's Plan," a program authorizing the broadcast
media, upon notice from the State Police, to transmit an emergency alert to
inform the public of a child abduction.� The program shall be a voluntary, cooperative
effort between State and local law enforcement agencies and the broadcast
media.

���� b.��� The Attorney General
shall notify the broadcast media serving the State of New Jersey of the
establishment of "Amber's Plan" and invite their voluntary
participation.

���� c.��� 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 17 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
]

reason to believe
that an "Amber Alert" would assist in
locating the child
considering all relevant circumstances
, including
whether there is enough descriptive information available and the amount of
time that has elapsed since the child was last seen and was reported missing
.

����
If the child is abducted by a stranger, that child
shall be deemed to be at great risk of physical harm.

����
If the child is abducted by a family member, law
enforcement officials shall consider the following criteria to determine
whether the State Police should activate an Amber Alert:

����
(a)�� If any express or implied threats of harm to
the child were made by the abductor at any time before the abduction, or during
the course of the abduction;

����
(b)� If there was any past history of violence by
the abductor directed against the child, or abuse or neglect of the child, or
any other child;

����
(c)�� If violence or threat of violence was used in
committing the abduction, and whether force was used or directed against the
child or put the child at immediate risk of harm, including force directed
against another;

����
(d)� If there is a family history of domestic
violence or child abuse, or a history of custody disputes or past abductions;

����
(e)�� If the abductor has a history of violence or
weapons offenses;

����
(f)�� If the abductor is believed to be armed;

����
(g)� If the abductor is believed to be under the
influence of alcohol or drugs;

����
(h)� If the abductor has a history of alcohol or
other substance abuse;

����
(i)�� If the abductor has a history of mental
illness;

����
(j)�� If the abductor acted irrationally;

����
(k)� If the child or the abductor has a
pre-existing medical or health condition, which, if unmonitored or untreated,
could impact the welfare of the child; and

����
(l)�� If any other facts or circumstances exist that
suggest that the abductor might intentionally or unintentionally harm the
child, or expose the child to a dangerous situation.

����
All appropriate law enforcement personnel,
including 9-1-1 operators, shall be trained in the proper implementation of
these criteria
.

���� d.��� The participating media
shall voluntarily agree, upon notice from the State Police, to transmit
emergency alerts to inform the public of a child abduction that has occurred
within their broadcast service regions.� The notice shall be provided through
the State Police operational dispatch unit.

���� The alerts shall be read after
a distinctive sound tone and the statement: "This is an Amber Abducted
Child Alert."� The alerts shall be broadcast as often as possible,
pursuant to the guidelines established by the New Jersey Broadcasters' Association,
for the first three hours.� After the initial three hours, the alert shall be
rebroadcast at such intervals as the investigating authority, the State Police,
and the participating media deem appropriate.

���� The alerts shall include a
description of the child, such details of the abduction and abductor as may be
known, and such other information as the State Police may deem pertinent and
appropriate. The State Police shall in a timely manner update the broadcast
media with new information when appropriate concerning the abduction.

���� The alerts also shall provide
information concerning how those members of the public who have information
relating to the abduction may contact the State Police or other appropriate law
enforcement agency.

���� Concurrent with the notice
provided to the broadcast media, the State Police operational dispatch unit
shall also notify the Department of Transportation, the New Jersey Turnpike
Authority, and the South Jersey Transportation Authority of the "Amber
Alert."� Through the use of their variable message signs, the department
and the affected authorities shall inform the motoring public that an
"Amber Alert" is in progress and provide information relating to the
abduction and how motorists may report any information they have to the State
Police or other appropriate law enforcement agency.

���� e.��� The alerts shall
terminate upon notice from the State Police.

���� f.���� (1)� The Attorney
General, with the assistance of the participating broadcast media, shall
develop and undertake a public education campaign to inform the public about
"Amber's Plan" and the emergency alert program established under
P.L.2002, c.129 (C.52:17B-194.1 et seq.).

���� (2)� The Attorney General, in
consultation with the State Police, shall develop and establish a plan to
disseminate "Amber Alert" information through social media accounts
maintained by the State Police. The emergency alert information required to be
disseminated shall include, but not be limited to, a description of the missing
child, any known details of the abduction and abductor, and a recognizable
photograph of the missing child.� The Office of the Governor, the Department of
Children and Families, the Department of Health, and the Department of Human
Services shall, and any other appropriate State, county, or municipal entity
may, disseminate "Amber Alert" information made available by the
State Police on their respective social media accounts.

���� g.��� The Attorney General may
adopt guidelines to effectuate the purposes of P.L.2002, c.129 (C.52:17B-194.1
et seq.).

(cf:� P.L.2016, c.78, s.1)

���� 2.��� This act shall take
effect on the first day of the second month next following enactment.

STATEMENT

���� This bill codifies the
Attorney General�s recommendations concerning when an Amber Alert should be
issued in cases involving the abduction of a child by a family member.

���� Specifically, the bill sets
forth criteria that law enforcement officials must consider in determining
whether the State Police should activate an Amber Alert.� Under these criteria,
if the child is abducted by a family member, law enforcement officials must
consider:

���� (1)� If
any express or implied threats of harm to the child were made by the abductor
at any time before the abduction, or during the course of the abduction;

���� (2)� If
there was any past history of violence by the abductor directed against the
child, or abuse or neglect of the child, or any other child;

���� (3)� If
violence or threat of violence was used in committing the abduction, and
whether force was used or directed against the child or put the child at immediate
risk of harm, including force directed against another;

���� (4)� If
there is a family history of domestic violence or child abuse, or a history of
custody disputes or past abductions;

���� (5)� If
the abductor has a past history of violence or weapons offenses;

���� (6)� If
the abductor is believed to be armed;

���� (7)� If
the abductor is believed to be under the influence of alcohol or drugs;

���� (8)� If
the abductor has a history of alcohol or other substance abuse;

���� (9)� If
the abductor has a history of mental illness;

���� (10)
If the abductor was acting irrationally;

���� (11)
If the child or the abductor has a pre-existing medical or health condition,
which, if unmonitored or untreated, could impact the welfare of the child; and

���� (12)
If any other facts or circumstances exist that suggest that the abductor might
intentionally or unintentionally harm the child, or expose the child to a
dangerous situation.

���� The
bill specifies that if the child is abducted by
a stranger, that child
shall be deemed to be at great risk of physical harm.�

����
The
bill also specifies that all appropriate law enforcement personnel, including
9-1-1 operators, are to be trained to implement these criteria.

���� This bill is in response to
the tragic case of Zara Malani-Lin Abdur-Raheem, a three-month-old infant who
was killed in February 2010.� Her father abducted Zara from her grandmother in
East Orange, drove South on the Garden State Parkway, then threw the infant off
the Driscoll Bridge into the Raritan River in Middlesex County.� Under the
Attorney General guidelines in effect at the time, it was not clear what
criteria should be followed in cases of abduction by family members and an Amber
Alert was not issued. This bill essentially codifies changes to the guidelines
recommended by the Attorney General in April 2010 in response to this case.