Bill > A3607

Introduced Session

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.

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Annette Quijano (D)*,  Valerie Vainieri Huttle (D)*, 

Introduced, Referred to Assembly Women and Children Committee (on 03/05/2020)