Law helps further safety efforts in recovery of missing children and endangered adults

RICHMOND, VA – The General Assembly passed HB 1252, which was drafted by Delegate Thomas A. “Tag” Greason (R-32). The bill cleared both houses of the General Assembly with unanimous support. The House of Delegates voted to support the measure by a vote of 98-0 as did the Senate by a vote of 40-0. The bill will now be forwarded on for Governor McDonnell’s signature which will put the legislation into effect on July 1, 2010.

Commonwealth’s Attorney Jim Plowman and his staff raised concerns regarding a particular piece of the Virginia Code with Delegate Greason. These concerns sent Greason into action in crafting HB 1252 which expands the ability of law enforcement agencies to investigate and recover missing children or missing senior adults.

In its current form, the Virginia Code allows law enforcement to obtain a subpoena for cell phone records and data from a Judge if probable cause is shown. Unfortunately, the ability to issue this Order is limited only to criminal investigations.

“If a child goes missing or an elderly person with Alzheimer’s wanders off, no crime is committed, and as such, no subpoena can legally issue for these records,” stated Plowman. Records such as these can often help law enforcement locate missing persons very quickly where the first 48 hours is deemed critical.

“When you have a child or an endangered adult go missing, time is of the essence,” said Plowman. “The use of cellular phones is so common in our society that tracking the data from cell towers that includes call numbers, dates, times and locations has become invaluable in investigations.”

HB 1252 was presented initially on January 18, 2010 and referred to the House Committee for Courts of Justice and its Criminal Law Subcommittee before being reported out to the full House of Delegates. Once sent to the Senate, the bill was then reviewed by the Senate Courts of Justice Committee before being sent to the Senate floor.

“I’m pleased that I’ve been able to make such a meaningful impact toward public safety efforts in my first two months in office,” stated Greason. “There are few things more important than the safety our children and our elders. I’m proud to have been able to be a part of providing tools to law enforcement to assist them in keeping our loved ones safe.”

“I can’t describe the tremendous amount of positive feedback on this bill that I’ve received from law enforcement officials across the state,” continued Greason. “This was not a situation that was unique to Loudoun County and it seems the statewide effects of this legislation will be quickly recognized by our Law Enforcement community.”

# # #