Except as provided in Subsection (2), if a law enforcement agency receives a report that an abduction of a child has occurred, including an abduction of a child by the child’s parent or guardian, the investigating law enforcement agency may issue an Amber Alert if:
Terms Used In Utah Code 53-10-1002
Abduction of a child: means the taking, concealing, or detaining of a child without permission from an individual entitled to custody of the child. See Utah Code 53-10-1001
Amber Alert: means an alert issued in accordance with America's Missing: Broadcast Emergency Response run by the bureau to assist a law enforcement agency in the recovery of an abducted child. See Utah Code 53-10-1001
Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
(a)
the investigating law enforcement agency confirms that an abduction of the child has occurred;
(b)
the investigating law enforcement agency believes there is a credible threat of imminent danger of serious bodily injury or death to the child; and
(c)
there is sufficient descriptive information about the child, alleged abductor, or the circumstances surrounding the abduction to indicate that issuing an Amber Alert will assist in the safe recovery of the child or the apprehension of the abductor.
(2)
A law enforcement agency may not issue an Amber Alert:
(a)
for a reported runaway; or
(b)
for the taking, concealing, or detaining of a child by the child’s parent during a child custody dispute regarding the child, unless there is a credible threat of imminent danger of serious bodily injury or death to the child.
(3)
The investigating law enforcement agency may use relevant law enforcement technology, including an automatic license plate reader system, to locate a vehicle that is being sought in connection with an issued Amber Alert.
(4)
The department and the Department of Transportation may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing policies and procedures for the operation and maintenance of the Amber Alert System other than mobile network operations.
