HB 434 — 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
 1   Providing for the Ebony Alert System; imposing duties on the
 2      Pennsylvania State Police; and imposing a penalty.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.    Short title.
 6      This act shall be known and may be cited as the Ebony Alert
 7   System Act.
 8   Section 2.    Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Alert."    An Ebony Alert under the Ebony Alert System
13   established under section 3.
14   Section 3.    Establishment and purpose of Ebony Alert System.
15      The Pennsylvania State Police shall establish and maintain
16   the Ebony Alert System, which shall provide prompt notification
17   to the public, appropriate law enforcement authorities and other
 1   public agencies, to assist in the recovery of young people of
 2   color who:
 3             (1)   have been abducted;
 4             (2)   are reported missing under unexplained or suspicious
 5      circumstances; or
 6             (3)   are reported missing and are at risk or
 7      developmentally disabled, cognitively impaired or physically
 8      disabled.
 9   Section 4.      Protocols and procedures.
10      The Pennsylvania State Police shall follow the protocols and
11   procedures necessary for the effective operation of the Ebony
12   Alert System.
13   Section 5.      Ebony Alert System procedure.
14      (a)    Authorization.--If an individual who is a person of
15   color is reported missing to a law enforcement agency, the law
16   enforcement agency may immediately activate an alert across this
17   Commonwealth if the law enforcement agency determines that the
18   alert would be an effective tool in the investigation of the
19   missing individual.
20      (b)    Considerations.--In making a determination under
21   subsection (a), the law enforcement agency shall consider the
22   following factors:
23             (1)   The missing individual is a person of color.
24             (2)   The missing individual is between 12 and 25 years of
25      age.
26             (3)   The missing individual is developmentally disabled,
27      cognitively impaired or physically disabled.
28             (4)   The individual is missing under circumstances that
29      indicate that the physical safety of the individual may be
30      endangered or that the individual may be subject to human

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 1      trafficking.
 2            (5)   The law enforcement agency determines that the
 3      individual has gone missing under unexplained or suspicious
 4      circumstances.
 5            (6)   The law enforcement agency believes that:
 6                  (i)    the individual is in danger because of age,
 7            health, mental or physical disability or environment or
 8            weather conditions;
 9                  (ii)    the individual is in the company of a
10            potentially dangerous individual; or
11                  (iii)    there are other factors indicating that the
12            individual may be in peril.
13            (7)   The investigating law enforcement agency has
14      utilized available local resources.
15            (8)   There is information available that, if disseminated
16      to the public, could assist in the safe recovery of the
17      missing individual.
18      (c)   Cooperation and assistance.--
19            (1)   Radio, television, cable, satellite and social media
20      systems are encouraged, but not required, to cooperate with
21      disseminating the information contained in an alert.
22            (2)   Upon activation of an alert, the Department of
23      Transportation may assist the investigating law enforcement
24      agency by issuing additional alerts, including electronic
25      flyers or changeable message signs.
26      (d)   Prohibited use of alerts.--The transmission, broadcast
27   or other communication of a public alert, other than through the
28   Ebony Alert System, intentionally, knowingly, recklessly or
29   negligently purporting to be made by, with or through the
30   authority of the Ebony Alert System is prohibited and shall be

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 1   subject to a civil penalty of not more than $5,000.
 2   Section 6.   Disposition.
 3      (a)   Assessment.--Unless the court finds that undue hardship
 4   would result, in addition to any other assessment imposed by
 5   law, an assessment of $25 shall automatically be imposed on each
 6   individual convicted, adjudicated delinquent or granted
 7   Accelerated Rehabilitative Disposition for an offense under 18
 8   Pa.C.S. Ch. 29 (relating to kidnapping).
 9      (b)   Use.--The assessment made under subsection (a) shall be
10   forwarded to the Commonwealth and used by the Pennsylvania State
11   Police to establish and maintain the Ebony Alert System.
12   Section 7.   Effective date.
13      This act shall take effect in 60 days.




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