An Act providing for the Ebony Alert System; imposing duties on the Pennsylvania State Police; and imposing a penalty.

PRINTER'S NO. 417
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 434
Session of
2025
INTRODUCED BY CURRY, KAZEEM, A. BROWN, SANCHEZ, HILL-EVANS,
N. NELSON, GUENST, GIRAL, PROBST, KHAN, STEELE, KENYATTA,
D. WILLIAMS, MAYES, HOHENSTEIN, O'MARA, BOYD, CEPHAS, PARKER,
CARROLL AND GREEN, JANUARY 31, 2025
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JANUARY 31, 2025
AN ACT
Providing for the Ebony Alert System; imposing duties on the
Pennsylvania State Police; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Ebony Alert
System Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Alert." An Ebony Alert under the Ebony Alert System
established under section 3.
Section 3. Establishment and purpose of Ebony Alert System.
The Pennsylvania State Police shall establish and maintain
the Ebony Alert System, which shall provide prompt notification
to the public, appropriate law enforcement authorities and other
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public agencies, to assist in the recovery of young people of
color who:
(1) have been abducted;
(2) are reported missing under unexplained or suspicious
circumstances; or
(3) are reported missing and are at risk or
developmentally disabled, cognitively impaired or physically
disabled.
Section 4. Protocols and procedures.
The Pennsylvania State Police shall follow the protocols and
procedures necessary for the effective operation of the Ebony
Alert System.
Section 5. Ebony Alert System procedure.
(a) Authorization.--If an individual who is a person of
color is reported missing to a law enforcement agency, the law
enforcement agency may immediately activate an alert across this
Commonwealth if the law enforcement agency determines that the
alert would be an effective tool in the investigation of the
missing individual.
(b) Considerations.--In making a determination under
subsection (a), the law enforcement agency shall consider the
following factors:
(1) The missing individual is a person of color.
(2) The missing individual is between 12 and 25 years of
age.
(3) The missing individual is developmentally disabled,
cognitively impaired or physically disabled.
(4) The individual is missing under circumstances that
indicate that the physical safety of the individual may be
endangered or that the individual may be subject to human
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trafficking.
(5) The law enforcement agency determines that the
individual has gone missing under unexplained or suspicious
circumstances.
(6) The law enforcement agency believes that:
(i) the individual is in danger because of age,
health, mental or physical disability or environment or
weather conditions;
(ii) the individual is in the company of a
potentially dangerous individual; or
(iii) there are other factors indicating that the
individual may be in peril.
(7) The investigating law enforcement agency has
utilized available local resources.
(8) There is information available that, if disseminated
to the public, could assist in the safe recovery of the
missing individual.
(c) Cooperation and assistance.--
(1) Radio, television, cable, satellite and social media
systems are encouraged, but not required, to cooperate with
disseminating the information contained in an alert.
(2) Upon activation of an alert, the Department of
Transportation may assist the investigating law enforcement
agency by issuing additional alerts, including electronic
flyers or changeable message signs.
(d) Prohibited use of alerts.--The transmission, broadcast
or other communication of a public alert, other than through the
Ebony Alert System, intentionally, knowingly, recklessly or
negligently purporting to be made by, with or through the
authority of the Ebony Alert System is prohibited and shall be
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subject to a civil penalty of not more than $5,000.
Section 6. Disposition.
(a) Assessment.--Unless the court finds that undue hardship
would result, in addition to any other assessment imposed by
law, an assessment of $25 shall automatically be imposed on each
individual convicted, adjudicated delinquent or granted
Accelerated Rehabilitative Disposition for an offense under 18
Pa.C.S. Ch. 29 (relating to kidnapping).
(b) Use.--The assessment made under subsection (a) shall be
forwarded to the Commonwealth and used by the Pennsylvania State
Police to establish and maintain the Ebony Alert System.
Section 7. Effective date.
This act shall take effect in 60 days.
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